MARINO v. PLUMBING HEATING CONTRACTORS INC (1997)

Judgment unanimously affirmed, without costs.

The court below properly permitted the corporate defendant to interpose a counterclaim in this small claims action (see, Bovasso v. Anchor South Shore Oldsmobile Inc., NYLJ, July 3, 1984, at 12, col. 3, App.Term [9th & 10th Jud.Dists.] ).  As this court stated:  “[n]either the applicable statute (see, UDCA 1809[1] ) nor policy considerations preclude the interposition in a small claims action of a corporate defendant counterclaim falling within the court's monetary jurisdiction (see, UDCA 1805[d] ) which is related to the main claim and not overly complex, such as involved herein” (id.;   see also, Collins v. John J. Hayes Motor Sales, Inc., NYLJ, Sept. 6, 1983, at 14, col. 1, App.Term [9th & 10th Jud.Dists.];  Cano v. L.I.L. Co., 113 Misc.2d 411, 449 N.Y.S.2d 136).   To the extent that the cases of Hayden v. L.I.L.C.O., 116 Misc.2d 445, 455 N.Y.S.2d 715, and Manson v. Ficara, 118 Misc.2d 74, 459 N.Y.S.2d 719, are to the contrary, we decline to follow these.   Moreover, there is no basis upon this record to disturb the award of $1,575 to defendant on its counterclaim, which the court properly offset against the award of $1,600 in favor of plaintiff on its claim.

MEMORANDUM.