| 33 W. 71 LLC v Krause |
| 2006 NY Slip Op 51449(U) [12 Misc 3d 145(A)] |
| Decided on July 24, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Geoffrey D. Wright, J.), entered on or about May 2, 2005, after trial, in favor of plaintiff and awarding it damages in the principal sum of $3,612, and from an order (same court and Judge), dated November 4, 2005, which upon reargument, adhered to the prior determination.
PER CURIAM:
Judgment (Geoffrey D. Wright, J.), entered on or about May 2, 2005, and order (Geoffrey D. Wright, J.), dated November 4, 2005, reversed, without costs, and a new trial ordered.
The slender (12 page) record developed at the trial of this small claims action does not permit meaningful appellate review of the issues presented, including the period for which defendant-tenant is liable for unpaid rent, the amount of partial payments made by defendant for the period in dispute, whether defendant is entitled to a credit for her security deposit, and the amount of any abatement to which defendant may be entitled. 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: July 24, 2006