| Chick-teri Corp. v Ti Fai Cha |
| Motion No: 2007-00136 QC |
| Slip Opinion No: 2008 NYSlipOp 88207(U) |
| Decided on October 30, 2008 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CHICK-TERI CORP., Respondent, -against- TI FAI CHA, Respondent, -and- JING KUI ZHONG,, Undertenant-Appellant, -and- "JOHN DOE" AND "JANE DOE" Undertenants. |
DECISION
On the court's own motion, an order for summary reversal is granted and this matter remanded to the court below for a new trial.
Following a reconstruction hearing, Civil Court, Queens County (Gilbert Badillo, J.) has determined that the missing portions of the trial testimony cannot be reconstructed, thus, a new trial is necessary (see Davis Bros. Eng'g Corp. v Ferraro, 297 AD2d 275 [2002]).