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Infante v Nemet Truck & Auto Ctr.
2010 NY Slip Op 50260(U) [26 Misc 3d 139(A)]
Decided on February 24, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 24, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Shulman, Hunter, JJ
.

Pedro Infante, Plaintiff-Respondent, 570845/09

against

Nemet Truck & Auto Center, Defendant-Appellant,


Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered February 20, 2008, 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 February 20, 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).

We appreciate the substantial caseloads facing Civil Court judges, and recognize that comprehensive written opinions cannot reasonably be expected in every case. Nevertheless, a trial judge is required to "state the facts [the judge] deems essential" to the decision (CPLR 4213[b]). That requirement is not a mere technical barrier to appellate review. Rather, it serves to assure the parties that the trial judge's decision is reasoned, not arbitrary (see Nadle v L.O. Realty Corp., 286 AD2d 130 [2001]), and promotes informed appellate review (see Cassano v Cassano, 85 NY2d 649, 655 [1995]).

Here, the trial judge failed to comply with CPLR 4213(b) in rendering the judgment in plaintiff's favor without setting forth the facts essential to that determination (see e.g. Bowie v St. Cabrini Nursing Home, Inc., 26 Misc 3d 128[A] [2009], 2009 NY Slip Op 52641[U]). Inasmuch as the parties' conflicting testimony raises issues of credibility, the appropriate remedy here 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) (see e.g. Brenner v De Bruin, 171 AD2d 833 [1991]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 24, 2010