| Kissena Dental Lab. v Beautiful Smiles |
| 2015 NY Slip Op 50229(U) [46 Misc 3d 147(A)] |
| Decided on February 24, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Kings County (Carol Ruth Feinman, J.), entered March 6, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,804.
ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial.
Plaintiff commenced this small claims action to recover the sum of $1,804 based upon defendant's alleged failure to pay for services rendered on September 20, 2012. After a nonjury trial, a judgment was entered in favor of plaintiff in the principal sum of $1,804. As no transcript of the trial was made, defendant prepared a statement in lieu of transcript (CPLR 5525 [d]), to which plaintiff did not object or serve proposed amendments, and defendant's statement was accepted by the Civil Court for settlement.
The statement, as settled, is inadequate to allow for proper appellate review. Moreover, the record does not contain the documents which the Civil Court considered in arriving at its judgment.
As this court is unable to determine, on this record, whether substantial justice was done between the parties (see CCA 1804, 1807), the judgment is reversed and the matter is remitted to the Civil Court for a new trial.
Pesce, P.J., Weston and Aliotta, JJ., concur.