Rizopoulos v Cartelli

[*1] Rizopoulos v Cartelli 2004 NY Slip Op 50619(U) Decided on June 14, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-1086 N C

DENA RIZOPOULOS, Respondent,

against

VICTORIA CARTELLI, Appellant.

Appeal by defendant from a small claims judgment of the District Court, Nassau County (T. Feinman, J.), entered September 23, 2002, awarding plaintiff the sum of $900.

Judgment unanimously reversed without costs and matter remanded for a new trial.

Plaintiff brought this small claims action seeking a refund of rent and security deposit that she paid to defendant, alleging, inter alia, that defendant created a hostile environment.

Substantial justice was not done between the parties (UDCA 1804, 1807). While plaintiff was allowed to call and question two witnesses, all other questioning was conducted by the court, which maintained tight control over the proceedings, and defendant was not provided with an opportunity to cross-examine either plaintiff's witnesses or plaintiff herself, as was her right pursuant to substantive law (UDCA 1804; see Graves v American Express, 175 Misc 2d 285 [App Term, 2d & 11th Jud Dists 1997]). Accordingly, a new trial is required.
Decision Date: June 14, 2004