Riverview Indus., Inc. v Aigaje

[*1] Riverview Indus., Inc. v Aigaje 2005 NYSlipOp 50852(U) Decided on May 31, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 31, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
2004-1503 W C

Riverview Industries, Inc., Respondent,

against

Segundo Aigaje, Appellant.

Appeal by defendant from a commercial claims judgment of the Peekskill City Court, Westchester County (W. Maher, J.), entered on May 24, 2004, which awarded plaintiff the principal sum of $996.

Judgment unanimously reversed without costs and matter remanded to the court below for a new trial.

Plaintiff sued its former employee for failure to repay a loan for legal fees, and for telephone calls and the cost of a uniform. It was error for the court to render a judgment where, as here, the record indicates that the plaintiff's president was not sworn in prior to presenting plaintiff's case (Riley v Sharon's Westbrook Inn, 2 Misc 3d
128[A], 2003 NY Slip Op 51696[U] [App Term, 9th & 10th Jud Dists]). Consequently, substantial justice was not done between the parties according to the rules and principles of substantive law (UCCA 1807-A) and a new trial is required. We note that at the new trial, defendant should be afforded an opportunity to present evidence in support of his counterclaim.
Decision Date: May 31, 2005