Preview:

Sapienza v Diblasi (2003 NY Slip Op 51578(U))
[*1]


Decided on November 21, 2003
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:DOYLE, P.J., WINICK and SKELOS, JJ. NO. 2003-274 N C
RALPH SAPIENZA d/b/a SAPIENZA ELECTRIC CO., Respondent,
against
LENNY DIBLASI and TOUCHDOWN BUILDERS INC., Appellants.
Appeal by defendants from a small claims judgment of the District Court, Nassau County (F. Hirsch, J.), entered on July 8, 2002, awarding plaintiff the sum of $542.07 as against said defendants.
Judgment unanimously modified by vacating the award as against defendant DiBlasi and dismissing the action insofar as asserted against him; as so modified, affirmed without costs.
In this small claims action, plaintiff, a licensed electrician, sought to recover the amount due for electrical work he had performed for defendants. Inasmuch as the record reflects that plaintiff billed the corporate defendant for work done for the corporation, and dealt with the individual defendant only in his capacity as an officer of the corporate defendant, the court below should have
file:///C|/Users/Peter/Desktop/NY/2/2003_51578.htm[4/21/2013 1:14:20 PM] Sapienza v Diblasi (2003 NY Slip Op 51578(U))
dismissed the action against the individual defendant and awarded judgment to plaintiff solely against the corporate defendant.
Upon further review of the record, we find that the judgment, as modified, rendered substantial justice between the parties according to the rules and principles of substantive law (UDCA 1807).
Decision Date: November 21, 2003
file:///C|/Users/Peter/Desktop/NY/2/2003_51578.htm[4/21/2013 1:14:20 PM]

Download 2003_51578.pdf

New York Law