Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), entered July 30, 2007. The judgment, after a nonjury trial, dismissed the action.

Judgment reversed without costs, action reinstated and a new trial ordered.

The contract upon which plaintiff based this commercial claims action, which contract was introduced into evidence, named plaintiff as a New York corporation. At trial, plaintiff's vice-president stated that plaintiff was a "New York Limited" liability corporation. Plaintiff's corporate license number, PA-873158, was stated prominently on the face of the contract.

The Civil Court nevertheless commented that the contract failed to disclose that plaintiff was licensed by the State of New York and did not contain a New York license number. The court found, sua sponte, that plaintiff was licensed in Pennsylvania, apparently concluding that the letters "PA" in the license number identified plaintiff as a Pennsylvania corporation rather than as a New York public adjuster. Judgment was awarded to defendant dismissing the action on the ground that plaintiff had failed to prove a prima facie case because it failed to prove it was licensed in New York at the time its services as a public insurance adjuster were rendered (see Insurance Law §§ 2102, 2108).

The Civil Court's findings were plainly erroneous. There was no basis whatsoever in the record for the court's conclusion that plaintiff was not licensed in New York. [*2]

In view of the foregoing, the judgment in favor of defendant failed to provide the parties with substantial justice according to the rules and principles of substantive law
(see CCA 1804-A, 1807-A; Ross v Friedman, 269 AD2d 584 [2000]). Accordingly, the judgment is reversed, the action is reinstated and a new trial is ordered.

Pesce, P.J., Weston Patterson and Steinhardt, JJ., concur.
Decision Date: February 06, 2009