| Evans v Motley |
| 2013 NY Slip Op 52024(U) [41 Misc 3d 142(A)] |
| Decided on November 29, 2013 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Queens County
(Joseph E. Capella, J.), entered March 26, 2012. The judgment, after a nonjury trial,
awarded plaintiff the principal sum of $7,200.
ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial limited to the issue of damages.
Plaintiff commenced this action to recover the principal sum of $25,000, representing the alleged value of her personal property which was discarded by defendants, her former landlords. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $7,200. Defendants appeal.
Although the record supports the Civil Court's finding of defendants' liability, the award to plaintiff of damages in the principal sum of $7,200 cannot be sustained since there was no evidence presented as to the value of plaintiff's personal property and, thus, it is unclear how the Civil Court arrived at the sum awarded. Accordingly, the judgment is reversed and the matter is [*2]remitted to the Civil Court for a new trial limited to the issue of damages.
Rios, J.P., Pesce and Solomon, JJ., concur.
Decision Date: November 29, 2013