Opinion
2012-693 Q C
07-17-2012
Maria E. Barbieri, Respondent, v. Zachary H. Rebackoff, Appellant.
, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered September 22, 2011. As a result of an equipment malfunction, there is no transcript of the trial. By decision and order on motion dated April 5, 2012, this court struck the matter from the general calendar and remitted it to the Civil Court to determine whether the testimony could be reconstructed. The Civil Court has reported that it cannot provide a summary of the testimony.
Now, on the court's own motion, it is
ORDERED that the judgment is summarily reversed, without costs, and the matter is remitted to the Civil Court for a new trial (see Davis Bros. Eng'g Corp. v Ferraro, 297 AD2d 275 [2002]).
ENTER:
Paul Kenny
Chief Clerk