| Alli v Ramsaran |
| 2012 NY Slip Op 50038(U) [34 Misc 3d 139(A)] |
| Decided on January 12, 2012 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Small Claims Part of the Civil Court of the City of
New York, Bronx County (Ben R. Barbato, J.), entered on or about January 25, 2011, after a
nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $1,000.
Per Curiam.
Appeal from judgment (Ben R. Barbato, J.), entered on or about January 25, 2011, 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 CPLR 4213(b) in rendering judgment in plaintiff's favor
without setting forth its rationale or the facts essential to that determination. The appropriate
remedy is to hold the appeal in abeyance and remand the matter for issuance of a decision setting
forth the essential facts (see Brenner v De Bruin, 171 AD2d 833 [1991]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 12, 2012