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Roy A. Butler v. Lennon Thomas

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


December 1, 2010

ROY A. BUTLER, PLAINTIFF-RESPONDENT,
v.
LENNON THOMAS, DEFENDANT-APPELLANT.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Donald A. Miles, J.), entered on or about September 14, 2009, after trial, in favor of plaintiff and awarding him damages in the principal sum of $2,700.

Per curiam.

Butler v Thomas

Decided on December 1, 2010

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 This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: Hunter, Jr., J.P., McKeon, Shulman, JJ

Appeal from judgment (Donald A. Miles, J.), entered on or about September 14, 2009, 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 a judgment in plaintiff's favor without setting forth the facts essential to its determinations on liability and damages. Under the circumstances, the appropriate remedy is to 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 Infante v Nemet Truck & Auto Ctr., 26 Misc 3d 139[A], 2010 NY Slip Op 50260[U] [2010]; cf. Chapman v Tucker, 74 AD3d 1905 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. Decision Date: December 01, 2010

20101201

© 1992-2010 VersusLaw Inc.



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