| Broady v Elias Mgt. |
| 2009 NY Slip Op 50480(U) [22 Misc 3d 142(A)] |
| Decided on March 20, 2009 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through April 6, 2009; it will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City
of New York, New York County (Geoffrey D. Wright, J.), entered on or about August 2, 2007,
after trial, in favor of plaintiff and awarding her damages in the principal sum of $5,000.
Per Curiam.
Judgment (Geoffrey D. Wright, J.), entered on or about August 2, 2007, reversed, without costs, and new trial ordered.
The truncated trial of this small claims action — at which the relevant documents referenced by the parties were neither marked as exhibits nor introduced into evidence — produced a record insufficient to permit appellate review of the issues presented. Given the incomplete and unsatisfactory nature of the record, we believe that "substantial justice" (CCA 1807) will best be served by a new trial to determine whether the plaintiff-tenant paid — and, if so, in what amount — the legal fee charges (improperly) billed for by defendant-landlord.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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Decision Date: March 20, 2009