Shpigel v Staten Is. Univ. Hosp.

Holding The Appellate Term reversed the dismissal of the small claims action because the lower court’s finding that the hospital had issued refunds on two bills failed to render substantial justice, given the evidence that the plaintiff only received a single check. The court awarded the plaintiff the full overpayment amount on the condition that he return the single check he had already received to the defendants.

The court’s words

the dismissal of the action failed to render substantial justice between the parties

2026 NY Slip Op 51294[U], at the official text

we award plaintiff the principal sum of $120.24 on condition he returns the $117.61 check to defendants

2026 NY Slip Op 51294[U], at the official text

plaintiff files with the Civil Court an affirmation attesting that he has returned to defendants' attorney the $117.61 check

2026 NY Slip Op 51294[U], at the official text