Greene v Neil Buick Corp.

[*1] Greene v Neil Buick Corp. 2006 NY Slip Op 51667(U) [13 Misc 3d 127(A)] Decided on August 17, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ
2005-1484 S C.

Harold Greene, Appellant,

against

Neil Buick Corp. and Neal Weinstein, Respondents.

Appeal from a judgment of the District Court of Suffolk County, Sixth District (Patrick J. Barton, J.), entered May 19, 2005. The judgment, after a nonjury trial, dismissed the action.

Judgment reversed without costs, plaintiff's action reinstated, and matter remanded for a new trial.

In this small claims action, it cannot be determined from the record whether the court below rendered "substantial justice between the parties according to the rules of substantive law" (UDCA 1804) because the documents in dispute were absent from the record on appeal and were not adequately described in the trial record. In the instant case, particularly since there are allegations regarding the authenticity of certain documents, we believe that a new trial is necessary at which the facts may be further developed with respect to the issue of whether defendants, at the time of plaintiff's purchase of his used vehicle, made any misrepresentations to plaintiff regarding the terms of the warranty so as to induce him to procure the Vehicle Service Agreement (see generally 60A NY Jur 2d, Fraud and Deceit § 29).

Rudolph, P.J., Angiolillo and Lippman, JJ., concur.
Decision Date: August 17, 2006