NOBODY WANTED TO SWEAR?
Sydney Ellner filed a small-claims case to recover the money spent having his car released from storage.
And when the dispute went to trial before a judge of the Justice Court of the Town of Bedford (Westchester County), the testimony was apparently not given under oath. Both Sydney and a witness for the auto body shop, “Mr Beobide,” didn't swear or affirm to the truth of their representations to the court.
After Sydney was awarded $1,192.12, the Appellate Term, Second Department, reversed the determination and sent the case for a new trial, noting that all testimony in a civil action, including a small-claims case, must be under oath. (In fact, the rules of the Small Claims Part so require.)
I bet they swore at that ….
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DECISION