Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), entered January 28, 2008. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,147.04.

Judgment reversed without costs and matter remitted to the Civil Court for a new trial.

In this commercial claims action, plaintiff seeks to recover unpaid common charges. At trial, plaintiff's claims were supported only by statements made by plaintiff's attorney and by a witness identified in the transcript as "Ms. Carpenter." Ms. Carpenter was not sworn, nor did she identify herself or her relationship to plaintiff.

"[A]ll persons testifying in a civil action, even a small claims action, must be sworn" (Diederich v Del Prior, 18 Misc 3d 132[A], 2008 NY Slip Op 50084[U], *2 [App Term, 9th & 10th Jud Dists 2008]; see also Trensky v Johnson, 1 Misc 3d 50 [App Term, 1st Dept 2003]; Siegel, NY Prac § 388, at 655 [4th ed]). Indeed, both Small Claims Part and Commercial Claims Part procedures require that an oath or affirmation be administered to all witnesses (22 NYCRR 208.41 [j]; 208.41-a [j]). As plaintiff's entire case rested only upon the unsworn testimony of an unidentified witness and the statements of counsel, the judgment is reversed and the matter remanded to the Civil Court for a new trial.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: July 09, 2009