[*1]
Scheinfeld v Platt
2004 NY Slip Op 51422(U)
Decided on November 19, 2004
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 19, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. WILLIAM J. DAVIS, Justices.
570872/03

DAVID SCHEINFELD, Plaintiff-Appellant,

against

MORRIS PLATT, Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court, New York County, entered September 10, 2003 (Delores J. Thomas, J.) which denied his motion to vacate a judgment in favor of defendant dismissing the action.


PER CURIAM:

Order entered September 10, 2003 (Delores J. Thomas, J.) reversed, without costs, motion granted and matter remanded to Civil Court for an inquest.

A retrial of the inquest held by the referee is required because of the referee's failure to write or file a report "setting forth findings of fact and conclusions of law" (CPLR 4520[b]) and the absence of a transcript of the proceedings (id.; see Murphy v Murphy, 144 AD2d 904 [1988]).

This constitutes the decision and order of the court.
Decision Date: November 19, 2004