Schlueter v. Rockwell Realty

Order unanimously reversed, on the law, with costs, and judgment of Webster Town Court reinstated. Memorandum: Town Court’s judgment for plaintiff on his small claim did substantial justice according to the rules of substantive law (UJCA 1804) and County Court departed from those principles in reversing the judgment and dismissing the complaint (UJCA 1807). In paying the mortgage points at closing, in demanding reimbursement from defendant, and in subsequently instituting an action against defendant for the damages incurred by plaintiff as a result of defendant’s acts of fraudulent…