[*1]
Nederpelt v Ben Hur Moving & Stor. Co., Inc.
2008 NY Slip Op 50314(U) [18 Misc 3d 138(A)]
Decided on February 22, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 22, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Heitler, JJ
570845/07.

Drew Nederpelt, Plaintiff-Respondent,

against

Ben Hur Moving and Storage Company, Inc., Defendant-Appellant.


Defendant appeals from a judgment of the Civil Court of the City of New York, New York County (Milagros A. Matos, J.), entered July 21, 2006, after a nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $10,000.


PER CURIAM

Judgment (Milagros A. Matos, J.), entered July 21, 2006, reversed, without costs, and matter remanded for a new trial.
The trial court failed to comply with the
specificity requirements of CPLR 4213(b), in rendering judgment in plaintiff's favor without setting forth its rationale or the facts essential to its determination. Inasmuch as this case hinges in large measure upon issues of credibility raised by the parties' conflicting testimony, a remand for a new trial is the appropriate remedy (see Weckstein v Breitbart, 111 AD2d 6, 8 [1985]).

This Constitutes the Decision and Order of the Court.
Decision Date: February 22, 2008