THOMAS v. DUBOSE (2021)

Plaintiff brought this small claims proceeding on January 27, 2021 to recover seven hundred dollars ($700.00) alleging that defendant “robbed me of my money ․ rented a car with my money ․ got me high and sexually molested me”. The matter came on for trial on April 9, 2021. Defendant failed to appear and an inquest was held on that date. Plaintiff testified that she gave defendant money to buy drugs and liquor and he came back with only cocaine - the wrong drug. Plaintiff wants her money back from the defendant for his failure to commit the crime she wanted him to commit. This transaction and ones similar to it are not matters that the Court should be involved by way of enforcement on behalf of either party. “It is a recognized principle that where a party must trace her cause of action to an illegal transaction there can be no recovery.” Adler v Zimmermann, 233 NY 431 (1922); Tench v Lawson, 225 AD 198 (2nd Dept 1929); O'Mara v Dentinger, 271 AD 22 (4th Dept 1946)

The case is dismissed.

The above complies with the Court's statutory charge to do substantial justice between the parties.

The above constitutes the decision and order of the Court.

Adam Seiden, J.