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Erin Capital Mgt., LLC v Garcia
2006 NY Slip Op 50708(U) [11 Misc 3d 142(A)]
Decided on April 25, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 25, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., DAVIS, GANGEL-JACOB, JJ
570008/06.

Erin Capital Management, LLC, Plaintiff-Respondent,No.

against

Indira M. Garcia, Defendant-Appellant.


Defendant appeals from a judgment of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered on or about June 30, 2005, in favor of plaintiff in the amount of $3,266.13.


PER CURIAM

Judgment (Francis M. Alessandro, J.), entered on or about June 30, 2005, reversed and a new trial ordered.

The slender (8 page) record developed at the trial of this action to collect on a credit card debt does not permit meaningful appellate review of the issues presented, including whether defendant incurred charges on the account after November 2000 and whether she defaulted upon her obligation to satisfy the incurred debt after being billed therefor. We thus remand the matter for a new trial and a decision which conforms with the specificity requirements of CPLR 4213(b).

This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: April 25, 2006