The Fourth Department determined County Court, upon an appeal of a small claims court judgment for conversion, did not have the power to remit the matter to small claims court for a redetermination of damages. County Court was obligated to dismiss the claim:
We agree with defendant that County Court erred in remitting the matter for a new trial on the issue of damages with respect to her, and we therefore modify the order accordingly. “[S]ubstantive justice cannot permit plaintiff[] a second opportunity to prove [her] damages merely because [she] failed to meet [her] prima facie burden in the first instance” … . Thus, upon determining that there was insufficient evidence of damages with respect to defendant, County Court was obligated to dismiss the claim against her rather than remit the matter for a new trial … . Mahar v Proper, 2016 NY Slip Op 06590, 4th Dept 10-7-16
APPEALS (COUNTY COURT DID NOT HAVE THE POWER, ON APPEAL FROM A SMALL CLAIMS COURT JUDGMENT, TO REMIT THE MATTER FOR A NEW ASSESSMENT OF DAMAGES; BECAUSE THE DAMAGES AMOUNT WAS WAS NOT SUFFICIENTLY DEMONSTRATED, COUNTY COURT SHOULD HAVE DISMISSED THE CLAIM)/DAMAGES (APPEALS, COUNTY COURT DID NOT HAVE THE POWER, ON APPEAL FROM A SMALL CLAIMS COURT JUDGMENT, TO REMIT THE MATTER FOR A NEW ASSESSMENT OF DAMAGES; BECAUSE THE DAMAGES AMOUNT WAS WAS NOT SUFFICIENTLY DEMONSTRATED, COUNTY COURT SHOULD HAVE DISMISSED THE CLAIM)/SMALL CLAIMS (APPEALS, COUNTY COURT DID NOT HAVE THE POWER, ON APPEAL FROM A SMALL CLAIMS COURT JUDGMENT, TO REMIT THE MATTER FOR A NEW ASSESSMENT OF DAMAGES; BECAUSE THE DAMAGES AMOUNT WAS WAS NOT SUFFICIENTLY DEMONSTRATED, COUNTY COURT SHOULD HAVE DISMISSED THE CLAIM)