Xiu Chai Shi v. Lease

OPINION OF THE COURT

Memorandum.

Ordered that the judgment is reversed, without costs, and the matter is remitted to the City Court for a new trial before a different judge.

This small claims action involves a dispute as to a $3,300 brokerage fee, which is being held by plaintiff’s former attorney, defendant stakeholder John E. Bach. At a nonjury trial, whereas defendant John J. Lease testified that plaintiff had incurred the fee in connection with the sale of a condominium unit, plaintiff testified that pursuant to an agreement she had made with defendant’s employee, Jennifer Brenner, she had…