| Talukder v Hurtado |
| 2013 NY Slip Op 52138(U) [42 Misc 3d 127(A)] |
| Decided on December 17, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendants appeal from a judgment of the Civil Court of the City of New York,
Bronx County (Fernando Tapia, J.), entered on or about September 23, 2011, after a
nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of
$14,497.16.
Per Curiam.
Judgment (Fernando Tapia, J.), entered on or about September 23, 2011, reversed, without costs, and the matter remanded for a new trial.
A taxicab co-owned by plaintiff was damaged when it was struck by a vehicle driven by defendant Hurtado. Following his receipt of insurance settlement proceeds of over $23,000 for the total loss of the taxi, plaintiff commenced this action against defendants seeking lost wages and other business expenses incurred in connection with the accident.
On the limited record now before us, we are unable to determine the efficacy of the trial court's award of such additional damages in plaintiff's favor. The documents presented by plaintiff at trial, including the purported release he signed upon receipt of the settlement proceeds, were not marked as exhibits or introduced into evidence, and thus are not contained in the record on appeal. Compounding this problem, the court failed to comply with the specificity requirements of CPLR 4213(b) in rendering judgment in plaintiff's favor without setting forth the facts essential to its determination on the issues of liability and damages. Given the unsatisfactory state of the record, we are constrained to remand the matter for a new trial.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 17, 2013