CHENG v. NEW HONEY ART CENTER INC (2024)

ORDERED that the judgment is reversed, without costs, and the action is dismissed.

Plaintiff commenced this small claims action to recover the principal sum of $5,000, as a refund of tuition paid to defendant for dance lessons for plaintiff's children, alleging that defendant had claimed that it was licensed, but was not, and that there was “abuse” at the lessons. After a nonjury trial, the Civil Court (Michael A. Montesano, J.) awarded plaintiff the principal sum of $5,000.

In a small claims action, our review is limited to a determination of whether “substantial justice has ․ been done between the parties according to the rules and principles of substantive law” (UDCA 1807; see UDCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2006]).

Upon a review of the record, we find that the judgment failed to render substantial justice between the parties (see UDCA 1804, 1807). Plaintiff failed to establish that defendant had claimed to be licensed or was required to be licensed. Further, there was no evidence establishing that there was any abuse.

Accordingly, the judgment is reversed and the action is dismissed.

DRISCOLL, J.P., WALSH and GOLDBERG-VELAZQUEZ, JJ., concur.