| Napolitano v Venuti |
| 2007 NY Slip Op 51509(U) [16 Misc 3d 134(A)] |
| Decided on July 26, 2007 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the City Court of Yonkers, Westchester County (Richard B. Liebowitz, J.), entered October 25, 2004. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,407.89.
Judgment reversed without costs and matter remanded to the court below for a new trial.
The scanty record on appeal does not permit meaningful appellate review of the small claims judgment in favor of plaintiff. It should be noted that the court's decision sets forth facts that are not included in the
record. Accordingly, the matter is remanded to the court below for a new trial (see e.g. Bertin v Bertin, 7 Misc 3d 137[A], 2005 NY Slip Op 50855[U] [App Term, 9th & 10th Jud Dists]).
Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: July 26, 2007