| Driscoll v AV Polo Run Assoc., Ltd. LP |
| 2007 NY Slip Op 51932(U) [17 Misc 3d 128(A)] |
| Decided on October 11, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Civil Court of the City of New York, Bronx County
(Francis M. Alessandro, J.), entered on or about November 22, 2006, after a nonjury trial, in
favor of defendant dismissing the complaint.
PER CURIAM:
Judgment (Francis M. Alessandro, J.), entered on or about November 22, 2006, reversed, without costs, and matter remanded for a new trial.
On this slender (six-page) trial record, we are unable to determine whether the court's dismissal of the complaint was proper. The pro se plaintiff's documentary evidence, while shown to the court, was neither admitted into nor excluded from evidence, and the trial court did not set forth the facts essential to its decision. 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.
Decision Date: October 11, 2007