Severine v. J.C. Auto Repairs, Inc., 2008 NY Slip Op 30232(U) (N.Y. Sup. Ct. 1/24/2008), Docket Number: 0002325/2007.
| Decision Date | 24 January 2008 |
| Docket Number | Docket Number: 0002325/2007. |
| Citation | 2008 NY Slip Op 30232 |
| Parties | JAMES SEVERINE, Plaintiff, v. J.C. AUTO REPAIRS, INC. and JOHN CASALE, Defendants. |
| Court | New York Supreme Court |
James Severine, Plaintiff pro se, Greenwich, CT.
David I. Grauer, Esq., Attorney for Defendants White Plains, New York.
DECISION AND ORDER
Plaintiff commenced this small claims action in May 2007 seeking to recover damages in the amount of $2,000 against J.C. Auto Repairs, Inc. and John Casale for their failure to provide proper repairs to the air conditioning system in his vehicle.
Defendants contend that plaintiff's instant claim was litigated in the small claims part in Yonkers City Court in a previous action, and therefore, moves to dismiss this action based on the doctrines of res judicata and collateral estoppel. Defendant John Casale, also moves to dismiss the action against him in his individual capacity. Plaintiff opposes the motion.
In support of the motion, Defendant John Casale, President of the defendant corporation, attests that the plaintiff delivered the subject car to J.C. Auto Repairs, Inc. in Scarsdale, New York on October 21, 2004. Per Invoice No. 22873, attached to the motion as Exhibit A, the intended work to be performed was the replacement of the air conditioner compressor, et al. Defendant claims that the plaintiff filed a proceeding in Yonkers City Court in December 2006, claiming that the work performed under Invoice No. 22873 was defective. Defendant contends that the claim against the corporate
defendant was barred by reason of all warranty provisions, but nevertheless, plaintiff proceeded to take the case to trial. Defendant Casale further states that plaintiff presented his case before Judge Thomas Daly in Yonkers City Court on May 14, 2007. Defendant alleges that as it became increasingly clear to plaintiff that the Court concurred with the defense, the plaintiff made scandalous remarks about Judge Daly, which resulted in Judge Daly recusing himself from the matter. The Court adjourned the case for a trial de novo on October 2, 2007. By letter dated May 16, 2007, plaintiff requested that the case be withdrawn from Yonkers City Court. By Decision and Order dated June 13, 2007, Judge Daly marked the case withdrawn.
Defendant also states that during the pendency of the Yonkers proceeding, plaintiff filed a duplicate action in White Plains City Court claiming damages in the sum of $5,000. Defendant Casale further states that plaintiff has been filing multiple small claims actions in various courts throughout Westchester County in an effort to harass him and to cause him economic hardship. In an effort to stop plaintiff's alleged harassment, defendant states that he will file a proceeding in Supreme Court, Westchester County seeking a stay of the small claims proceedings. Finally, Defendant Casale argues that the action should be dismissed against him as an individual, as this action concerns work performed by the defendant corporation and plaintiff possesses no claim against him as an individual.
In opposition to the motion, plaintiff states that the action pending in this Court is separate from the action pending in White Plains City Court. Plaintiff argues that the complaints originate from separate contracts, separate dates of service and exceed the maximum relief limited by the jurisdictional mandates of small claims court. Plaintiff
states that the matter before this Court, regarding Invoice No. 22873, dated October 21, 2004, concerns defective air conditioning workmanship performed on or about October 21, 2004. Plaintiff further argues that the matter pending in White Plains concerns defective engine repairs performed in November 2006, under a totally separate invoice, as well as claims of overcharging and vehicle rental reimbursement. Plaintiff states that he did not and could not bring the separate matters before one court or as one action, as the total sum of damages of the separate matters cumulatively and substantially exceed the $5,000.00 monetary jurisdictional limit of small claims court.
Plaintiff also argues that although he presented some of his case regarding the defective air conditioning repair in Yonkers City Court, that matter was never decided on the merits. Plaintiff contends that Judge Daly recused himself from the case after he respectfully asked the Judge to refrain from repeatedly screaming at him. Plaintiff states he had every right to withdraw the case after the Judge announced during trial on May 14, 2007, that he was indeed recusing himself, and that the matter would be adjourned for a trial de novo in October 2007.
Finally, plaintiff argues that both Defendant John Casale, an individual, and the corporate defendant are appropriate parties and that liability is an issue of fact to be decided by the Judge at trial.
Based on the foregoing, the Court finds as follows:
Defendant Casale's motion to dismiss the matter against him in his individual capacity is granted. The law permits the incorporation of a business for the very purpose of enabling its proprietors to escape personal liability (see e.g, Bartle v Home Owners Co-op, 309 NY 103, 106)). Courts will pierce the corporate veil only upon a
showing that: (1) the owners exercised complete dominion of the corporation in respect to the transaction attacked, and (2) such dominion and control was used to commit a fraud or wrong against a plaintiff which resulted in that plaintiff's injury (See Matter of Morris v New York Dept. of Taxation & Fin., 82 NY2d 135)).
Here, the Court finds that plaintiff failed to allege facts that would establish that John Casale, through his control and dominion over J.C. Auto Repairs perpetrated a wrong or injustice against plaintiff such that a court of equity will intervene (See Treeline Mineola, LLC v Berg, 21 AD 3d 1028 (...
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