[*1]
Bowie v St. Cabrini Home, Inc.
2009 NY Slip Op 50262(U) [22 Misc 3d 135(A)]
Decided on February 18, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 18, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570525/08.

Edward Bowie, Plaintiff-Respondent,

against

St. Cabrini Home, Inc., Defendant-Appellant.


Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered on or about May 15, 2007, after a nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $5,000.


Per Curiam.

Appeal from judgment (Fernando Tapia, J.), entered May 15, 2007, held in abeyance and the matter remanded to Civil Court for issuance of a decision in conformity with the requirements of CPLR 4213(b).

The trial court failed to comply with the specificity requirements of CPLR 4213(b) in rendering a judgment in plaintiff's favor without setting forth the facts essential to its determinations on liability and damages. Under the circumstances, the appropriate remedy is to hold the appeal in abeyance and remand the matter for issuance of a decision setting forth the essential facts as required by CPLR 4213(b).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 18, 2009