| Brant v Barreto |
| 2009 NY Slip Op 50363(U) [22 Misc 3d 139(A)] |
| Decided on March 5, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Civil Court of the City of New York, New York
County (Arthur F. Engoron, J.), entered January 29, 2008, after a nonjury trial, in favor of
plaintiff and awarding him damages in the principal sum of $7,500.
Per Curiam.
Appeal from judgment (Arthur F. Engoron, J.), entered January 29, 2008, held in
abeyance and the matter remanded to Civil Court for issuance of a decision in conformity with
the requirements of CPLR 4213(b).
In this civil assault and battery action, 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 determination on the issues of liability and damages. Inasmuch as the case hinges in large measures upon issues of credibility raised by the parties' conflicting testimony, 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: March 05, 2009