Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Manuel J. Mendez, J.), entered on or about June 6, 2005, which granted defendant's motion for summary judgment dismissing the action.

PER CURIAM:

Judgment (Manuel J. Mendez, J.), entered on or about June 6, 2005, reversed, without costs, motion denied, and action reinstated.

The small claims action, seeking damages for "defective services rendered," should not have been summarily dismissed on defendant's pre-trial motion. "The informality and convenience of small claims practice is necessarily frustrated by requiring pro se litigants to respond to formal motion practice under the CPLR prior to the hearing of their case." (Friedman v Seward Park Hous. Corp., 167 Misc 2d 57, 58 [1995]). Although defendant maintains that it had no contractual privity with or "connection" to plaintiff, the factual allegations set forth in its moving papers were based largely upon unrecorded statements allegedly made by plaintiff during the initial court appearance and recited by defendant "[u]pon information and belief". "Substantial justice" (CCA 1804, 1807) will best be served by a prompt, transcribed trial of plaintiff's claim.

This constitutes the decision and order of the court.
I concur I concur
Decision Date: April 10, 2006