| Ozzy Constr. Co. v Scott |
| 2012 NY Slip Op 50849(U) [35 Misc 3d 139(A)] |
| Decided on May 10, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff, as limited by its brief, appeals from that portion of a judgment of the Small Claims
Part of the Civil Court of the City of New York, Bronx County (Robert R. Reed, J.), entered on
or about August 9, 2011, after trial, which dismissed the main action.
Per Curiam.
Appeal from judgment (Robert R. Reed, J.), entered on or about August 9, 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 the specificity requirements of CPLR 4213(b) in rendering judgment dismissing the main action (as well as defendant's related counterclaim) without setting forth its rationale or the facts essential to its determination. Inasmuch as this case hinges in large measure upon issues of credibility, we 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: May 10, 2012