George v Greenpath Credit Counseling Servs.

[*1] George v Greenpath Credit Counseling Servs. 2005 NY Slip Op 51523(U) [9 Misc 3d 128(A)] Decided on September 20, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 20, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: September 20, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2004-1795 N C

James B. George, Appellant,

against

Greenpath Credit Counseling Services, Respondent.

Appeal from a judgment of the District Court of Nassau County, Fourth District (Norman Janowitz, J.), entered May 12, 2004. The judgment, after a nonjury trial, dismissed the complaint.

Judgment unanimously reversed without costs and judgment directed to be entered in favor of plaintiff in the principal sum of $25.

Plaintiff commenced the instant small claims action against defendant, a credit counseling organization. Although the record reflects that defendant properly used plaintiff's payments to pay plaintiff's creditors, it also indicates that while defendant was contractually entitled to collect a $100 set-up fee, it collected $125 from plaintiff as the set-up fee. In order to render substantial justice between the parties in accordance with the rules and principles of substantive law (see UDCA 1807), plaintiff is entitled to a judgment in the principal sum of $25.
Decision Date: September 20, 2005