Giambrone v Valley Natl. Bank

[*1] Giambrone v Valley Natl. Bank 2014 NY Slip Op 51835(U) Decided on December 17, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 17, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ALIOTTA, J.P., PESCE and SOLOMON, JJ.
2013-2301 RI C

Pietro Giambrone, Respondent,

against

Valley National Bank, Appellant.

Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Mary Kim Dollard, J.), entered May 24, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,000.

ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a judgment dismissing the action; and it is further,

ORDERED that the clerk of the Small Claims Part of the Civil Court is directed to amend all the proceedings and papers in this matter to reflect plaintiff's name as Pietro Giambrone, rather than Pietro Giamrone.

Plaintiff commenced this small claims action to recover the sum of $5,000 for defendant's alleged failure to return money held in escrow. After a nonjury trial, the Civil Court found in favor of plaintiff and awarded him the principal sum of $5,000.

The record does not support a finding that defendant Valley National Bank is the party that is liable for the return of the money being held in escrow. Thus, the judgment failed to render substantial justice between the parties according to the rules and principles of substantive law (see CCA 1804, 1807). Accordingly, the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment dismissing the action.

As the record indicates that plaintiff's correct name is Pietro Giambrone, rather than Pietro Giamrone as stated in the judgment and some of the other papers, the clerk of the Small Claims Part is directed to amend all the proceedings and papers in this matter to reflect plaintiff's correct name (see CPLR 5019 [a]), and the caption of the appeal has been amended accordingly.

Aliotta, J.P., Pesce and Solomon, JJ., concur.

Decision Date: December 17, 2014