| Lee v Hicks & Warren, LLC |
| 2009 NY Slip Op 50207(U) [22 Misc 3d 133(A)] |
| Decided on February 9, 2009 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through February 24, 2009; it will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Richard
Velasquez, J.), entered May 3, 2007. The judgment, after a nonjury trial, awarded plaintiff the
principal sum of $3,575.
Judgment reversed without costs and new trial ordered.
In this small claims action for breach of warranty, the tape recording of the trial was damaged, and defendant submitted a statement in lieu of transcript (CPLR 5525 [d]), portions of which were accepted by the Civil Court for settlement. The statement, as settled, is inadequate to allow for proper appellate review. Thus, it cannot be determined on this record whether substantial justice was done between the parties (CCA 1804, 1807). Accordingly, a new trial is ordered (see Josephs v Lopez, 21 Misc 3d 138[A], 2008 NY Slip Op 52301[U] [App Term, 9th & 10th Jud Dists 2008]).
Pesce, P.J., Weston Patterson and Steinhardt, JJ., concur.
Decision Date: February 09, 2009