| Baez v Medina |
| 2007 NY Slip Op 50076(U) [14 Misc 3d 132(A)] |
| Decided on January 18, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Civil Court of the City of New York, Bronx County (Francis M. Alessandro, J.), entered June 26, 2006, after a nonjury trial, in favor of plaintiff in the principal amount of $8,200.
PER CURIAM
Judgment (Francis M. Alessandro, J.), entered June 26, 2006, reversed, without costs, and matter remanded for a new trial.
Plaintiff sued defendant, his wife, to recover monies that she allegedly took from him. The trial court's failure to state the essential facts supporting its decision or to set forth its rationale requires a remand for a new trial (see CPLR 4213[b]). Inasmuch as the "contentions of the parties differ very sharply" and it is unclear whether the court relied upon documents not admitted into evidence, the record does not allow intelligent appellate review (Weckstein v Breitbart, 111 AD2d 6 [1985]). We note also the improper admission at trial of the unsworn testimony of plaintiff and defendant (see Trensky v Johnson, 1 Misc 3d 50, 52 [2003]).
This constitutes the decision and order of the court.
Decision Date: January 18, 2007