Opinion
2007-625 S C.
Decided July 8, 2008.
Appeal from a judgment of the Justice Court of the Town of Southampton, Suffolk County (Deborah E. Kooperstein, J.), entered August 11, 2006. The judgment, insofar as appealed from as limited by the brief, after a nonjury trial, dismissed the action as against defendant Kurt Hardcastle.
Judgment, insofar as appealed from, reversed without costs and judgment directed to be entered in favor of plaintiff as against defendant Kurt Hardcastle in the principal sum of $2,500.
PRESENT: RUDOLPH, P.J., McCABE and TANENBAUM, JJ.
Upon a review of the record in this small claims action for breach of contract, we find that there was a meeting of the minds between plaintiff and defendant Kurt Hardcastle which resulted in an oral contract ( see generally Aces Mech. Corp. v Cohen Bros. Realty Constr. Corp., 136 AD2d 503; Four Seasons Hotels v Vinnik, 127 AD2d 310). At trial, both plaintiff Jane Jopling and defendant Kurt Hardcastle testified that plaintiff left her antique dresser with Hardcastle and that an agreement existed between them whereby Hardcastle would pay Jopling the sum of $2,500 upon his sale of the dresser. It is also undisputed by Hardcastle that he sold the antique dresser to defendant David Shamoon and that Hardcastle failed to pay plaintiff for the dresser. Accordingly, in dismissing the action as against defendant Hardcastle, the trial court failed to provide the parties with substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807; see Williams v Roper, 269 AD2d 125; Ross v Friedman, 269 AD2d 584). We note that plaintiff raises no issue with respect to the court's dismissal of the action as against defendant Shamoon. Consequently, the judgment, insofar as appealed from, is reversed, and plaintiff is awarded the principal sum of $2,500 as against defendant Hardcastle.
Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.