In a small claims case, SC sued the defendant seeking a refund of $5,000 for tuition paid for his children's dance lessons. SC alleged that the defendant falsely claimed to be licensed and that there was abuse during the lessons.
After the Nassau County District Court awarded SC $5,000 after a nonjury trial, an appeal ensued. And, on its review, the Appellate Term, Second Department, was of the view that SC failed to prove that the defendant had claimed to be licensed or was required to be licensed. Additionally, there was no evidence of abuse.
Given that “substantial justice” was not effected here, the underlying determination was reversed and the case was dismissed.
No dancing around that.
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DECISION