Opinion
2003-1137 DC.
Decided July 6, 2004.
Appeal by defendant from a small claims judgment of the Justice Court, Town of Hyde Park, Dutchess County (M. Fitzgerald, J.), entered on December 30, 2002, awarding plaintiff the principal sum of $460.
Judgment unanimously reversed without costs and action dismissed.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
In this small claims action to recover $1,150 for breach of an agreement to hire a chauffeured limousine, plaintiff has no standing to sue the defendant since she was not a party to the agreement or a third-party beneficiary thereto. Moreover, to the extent that the court below awarded plaintiff the sum of $460, such an award appears to be a compromise verdict. In light of the foregoing, the judgment is reversed and the action dismissed inasmuch as the judgment did not render substantial justice between the parties according to the rules and principles of substantive law ( see UJCA 1807).