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MORMON v. ACURA OF VAL STREAM

190 Misc.2d 697 (2001)

740 N.Y.S.2d 548

CHERYL MORMON, Respondent, v. ACURA OF VALLEY STREAM, Appellant.

Supreme Court, Appellate Term, Second Department.

December 6, 2001.

Attorney(s) appearing for the Case

Long, Tuminello, Besso, Seligman, Quinlan & Werner, Bay Shore (Kevin R. Johnston of counsel), for appellant.

Cheryl Mormon, respondent pro se.

FLOYD, P.J., DOYLE and WINICK, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously reversed without costs and action dismissed without prejudice to renewal in the appropriate forum.

Plaintiff's action, instituted in the Small Claims Part of the District Court, which seeks to recover money damages, in essence also seeks reformation of a contract based on mistake and/or fraud (see generally, Chimart Assoc. v Paul,

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