Giacinto v Hunter (2006 NY Slip Op 50164(U))

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Giacinto v Hunter

2006 NY Slip Op 50164(U) [10 Misc 3d 146(A)]

Decided on February 8, 2006

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 8, 2006

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: SUAREZ, P.J., McCOOE, GANGEL-JACOB, JJ
570386/05.

Mike Giacinto, Plaintiff-Respondent, No.

against

James H. Hunter, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County (Francis Alessandro, J.), entered on or about March 15, 2005, after trial, in favor of plaintiff and awarding him damages in the amount of $5,000.

PER CURIAM:

Judgment (Francis Alessandro, J.), entered on or about March 15, 2005, reversed, without costs, and new trial ordered.

Plaintiff seeks to recover one month's rent, reimbursement for payment of two water bills and the costs of repairs to his rental property resulting from damages allegedly caused by defendant, a former tenant. The slender (10-page) record does not permit intelligent review of the issues presented at trial, including the monthly rental period, the date the property was sold to a third party, and the extent of damages, if any, to the rental property. Given the incomplete and unsatisfactory state of the record, we believe that "substantial justice" (CCA 1807) will best be served by a new trial.

This constitutes the decision and order of the court.
Decision Date: February 08, 2006