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Appellate Term, Second Department: April 12, 2023

Decision & Orders on Motions decided between:March 17 and April 4, 2023

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Decision & Orders on Motions decided between: March 17, 2023 By: Toussaint, P.J., Mundy, Ottley, JJ. Allstar Products, Inc., appellant pro se. Neal Forman, respondent pro se (no brief filed).

2022-593 K C.         ALLSTAR PRODS., INC. v. FORMAN — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Keisha M. Alleyne, J.), entered May 25, 2022. The judgment, after an inquest, dismissed the action. ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a judgment in favor of plaintiff in the principal sum of $2,040.73. In this commercial claims action, plaintiff seeks to recover the principal sum of $2,040.73 based on “failure to pay for services rendered.” Upon defendant’s failure to appear for trial, an inquest was conducted. At the inquest, plaintiff appeared by its principal, Thomas David Mascoff. Mascoff stated that, from 2004 to 2012, plaintiff had provided computer services to defendant, an attorney, for which it had invoiced defendant and had credited defendant for his partial payments, the last of which had been received in 2014. Mascoff presented the court with plaintiff’s invoices, which reflected the payments defendant had made and showed an outstanding balance of $2,040.73. He also provided the court with two letters plaintiff had sent to defendant demanding that sum. Following the inquest, the action was dismissed upon a finding that it was barred by the statute of limitations.

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