Opinion
2007-271 W C.
Decided February 26, 2008.
Appeal from a judgment of the Justice Court of the Town of Eastchester, Westchester County (James P. Connors, J.), entered September 20, 2006. The judgment, after a nonjury trial, awarded plaintiff the sum of $410.
Judgment reversed without costs and matter remanded to the court below for a new trial.
PRESENT: RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.
In this small claims action to recover damages caused by a water leak, a review of the record on appeal indicates that the lower court awarded judgment without taking any sworn testimony. It was error to do so ( see Cucaj v Paramount Fee, L.P., 17 Misc 3d 130 [A], 2007 NY Slip Op 51976[U] [App Term, 2d 11th Jud Dists 2007]; Riverview Indus. v Aigaje, 7 Misc 3d 137 [A], 2005 NY Slip Op 50852[U] [App Term, 9th 10th Jud Dists 2005]; Riley v Sharon's Westbrook Inn, 2 Misc 3d 128 [A], 2003 NY Slip Op 51696[U] [App Term, 9th 10th Jud Dists 2003]).
Accordingly, substantial justice was not done between the parties according to the rules and principles of substantive law (UJCA 1807) and the matter must be remanded to the court below for a new trial.
Rudolph, P.J., McCabe and Scheinkman, JJ., concur.