Louisthelmy v Lewin

[*1] Louisthelmy v Lewin 2005 NYSlipOp 50858(U) Decided on June 1, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 1, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: June 1, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
2004-1136 RO C

Demeurant C. Louisthelmy, Respondent,

against

Edward Lewin, Appellant.

Appeal by defendant from a small claims judgment of the Justice Court, Village of Spring Valley, Rockland County (M. Jourdan, J.), entered August 13, 2004, in favor of plaintiff in the principal sum of $1,832.

Judgment unanimously reversed without costs and action dismissed.

Plaintiff instituted this small claims action to recover the cost of repair of a used motor vehicle which he allegedly purchased from defendant. The evidence presented [*2]
at trial established that in purchasing the car, plaintiff dealt with defendant, an agent for a disclosed principal, the seller,"Uncle Motors LLC." In view of the foregoing, the court should have dismissed the action against defendant.
Decision Date: June 01, 2005