Ghelani v Abuhamdeh

[*1] Ghelani v Abuhamdeh 2018 NY Slip Op 50511(U) Decided on April 6, 2018 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 6, 2018
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2016-2322 K C

Virendra M. Ghelani, Appellant,

against

Mohammed Abuhamdeh, Respondent.

Edward Elkin, Esq., for appellant. Mohammed Abuhamdeh, respondent pro se (no brief filed).

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Theresa M. Ciccotto, J.), entered January 11, 2016. The judgment, after an inquest, dismissed the action.

ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a judgment in favor of plaintiff in the principal sum of $3,500.

In this small claims action, plaintiff seeks to recover the sum of $3,500 for a loan he had allegedly made to defendant which was not repaid. Defendant did not appear for trial. At an inquest, plaintiff testified that, pursuant to an oral agreement, he had loaned defendant the sum of $3,500, which was not repaid. Following the inquest, the Civil Court dismissed the action.

In our view, the judgment did not provide the parties with substantial justice according to the rules and principles of substantive law (see CCA 1804, 1807; Ross v Friedman, 269 AD2d 584 [2000]), as plaintiff, at the inquest, made out a prima facie case of liability and damages (see Aristilde v Parsley, 1 Misc 3d 127[A], 2003 NY Slip Op 51539[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2003]).

Accordingly, the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment in favor of plaintiff in the principal sum of $3,500.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: April 06, 2018