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McKay v Vita (2009 NY Slip Op 51390(U))
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Decided on June 29, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ 2008-1670 N C.
Robert B. McKay d/b/a CARNEY & McKAY, Respondent,
against
Theresa Vita, Appellant.

Appeal from a judgment of the District Court of Nassau County, Second District (Rhonda E. Fischer, J.), entered March 20, 2008. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,000.
Judgment reversed without costs and matter remitted to the District Court for a new trial.
Plaintiff, an attorney, brought the instant small claims action to recover amounts allegedly due and owing for services rendered to defendant, a former client, in connection with plaintiff's legal representation of defendant in a Supreme Court action.
At the commencement of the nonjury trial, an oath was administered only to defendant, and
file:///C|/Users/Peter/Desktop/NY/1/2009_51390.htm[4/21/2013 11:33:06 AM] McKay v Vita (2009 NY Slip Op 51390(U))
the trial proceeded, with both plaintiff and defendant testifying in their own behalf. A judgment was rendered in plaintiff's favor.
Regardless of profession or affiliation to the court system, all persons testifying in a civil action, even in a small claims action, must be sworn (see Diederich v Del Prior, 18 Misc 3d 132[A], 2008 NY Slip Op 50084 [App Term, 2d & 11th Jud Dists 2008]; Trensky v Johnson, 1 Misc 3d 50 [App Term, 1st Dept 2003]; Uniform Civil Rules for the District Courts [22 NYCRR]

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