Griffin v Fantasy Limos

[*1] Griffin v Fantasy Limos 2004 NY Slip Op 50757(U) Decided on July 6, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 6, 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. 2003-1137 D C

LINDA GRIFFIN, Respondent,

against

FANTASY LIMOS, Appellant.

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.

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).
Decision Date: July 06, 2004