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Sannie Kirschner v. Robert Viala and Lucy Viala

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts


December 21, 2012

SANNIE KIRSCHNER,
RESPONDENT, --
v.
ROBERT VIALA AND LUCY VIALA,
APPELLANTS.

Appeal from a judgment of the District Court of Nassau County, Fourth District (Tricia M. Ferrell, J.), entered June 10, 2010.

Kirschner v Viala

Decided on December 21, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: NICOLAI, P.J., LaCAVA and LaSALLE, JJ

The judgment, after a non-jury trial, awarded plaintiff the principal sum of $3,825.

ORDERED that the judgment is reversed, without costs, and the matter is remitted to the District Court for a new trial.

In this small claims action to recover the sum of $4,814.22, defendants appeal from a judgment of the District Court which, after a non-jury trial, awarded plaintiff the principal sum of $3,825.

CPLR 4213 (b) directs that the decision of a trial court must set forth "the facts it deems essential" (see e.g. Weckstein v Breitbart, 111 AD2d 6 [1985]; Manu v Gerard Ct. Assoc., LLC, 37 Misc 3d 132[A], 2012 NY Slip Op 52007[U] [App Term, 1st Dept 2012]). Here, the District Court failed to make any specific findings of fact with regard to the claim asserted by plaintiff, and it cannot be determined how the court arrived at an award in favor of plaintiff in the principal sum of $3,825. Under the circumstances, the judgment is reversed and a new trial ordered.

Nicolai, P.J., LaCava and LaSalle, JJ., concur. Decision Date: December 21, 2012

20121221

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