| Manu v Gerard Ct. Assoc., LLC |
| 2012 NY Slip Op 52007(U) [37 Misc 3d 132(A)] |
| Decided on October 22, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 appeals from 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 11, 2011, after trial,
in favor of defendant dismissing the action.
Per Curiam.
Judgment (Robert R. Reed, J.), entered on or about August 11, 2011, reversed, without costs, and new trial ordered.
The trial court failed to comply with the specificity requirements of CPLR 4213(b) in rendering judgment in defendant's favor without setting forth its rationale or the facts essential to its determination. Inasmuch as this small claims action seeking the return of plaintiff's security deposit hinges in large measure on the proper interplay between the "Length of Lease" provisions of paragraph 2 of the main lease agreement and the notice provisions of paragraph 37 of the lease rider, and the parties' intentions with respect thereto, as well as a factual inquiry regarding the condition of the demised apartment premises at the time plaintiff vacated, matters which are not sufficiently developed on this record, a remand for a new trial is the appropriate remedy (see Weckstein v Breitbart, 111 AD2d 6 [1985]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 22, 2012