Opinion
2003-687 OR C.
Decided April 27, 2004.
Appeal by plaintiff from a small claims judgment of the Justice Court, Town of Newburgh, Orange County (T. Tamsen, J.), entered on November 18, 2002, dismissing the consolidated actions.
Judgment unanimously reversed without costs, consolidated actions reinstated and matter remanded to the court below for a new trial.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
In these consolidated small claims actions, plaintiff sought to recover the sum of $3,000 each from Valenza Construction and Chuck Valenza for defendants' alleged "breach of contract and fraudulent, substandard and incomplete home improvement work." The parties offered conflicting testimony regarding the work which was promised and the quality of the work done. The court apparently credited the testimony of defendants and rejected that of plaintiff, and dismissed the case, noting in its decision that plaintiff made his final payment notwithstanding problems which had been called to defendants' attention and which defendants attempted to address. In fact, the record indicates that plaintiff made his final payment based upon the assurances of defendants' worker that any problems would be taken care of. Furthermore, in his testimony, defendant Valenza acknowledged that some minor work had to be corrected.
Since there was no basis in the record to support the court's determination dismissing the actions, "substantial justice was not done between the parties according to the rules and principles of substantive law" (UJCA 1807). The matter must, therefore, be remanded to the court below for a new trial.