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Evans v. Motley

Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts.
Nov 29, 2013
41 Misc. 3d 142 (N.Y. App. Term 2013)

Opinion

No. 2012–1555 Q C.

2013-11-29

Tyesha EVANS, Respondent,-November 29, 2013 v. James MOTLEY and Lula Motley, Appellants.


Although the record supports the Civil Court's finding of defendants' liability, the award to plaintiff of damages in the principal sum of $7,200 cannot be sustained since there was no evidence presented as to the value of plaintiff's personal property and, thus, it is unclear how the Civil Court arrived at the sum awarded. Accordingly, the judgment is reversed and the matter is remitted to the Civil Court for a new trial limited to the issue of damages.

RIOS, J.P., PESCE and SOLOMON, JJ., concur.


Summaries of

Evans v. Motley

Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts.
Nov 29, 2013
41 Misc. 3d 142 (N.Y. App. Term 2013)
Case details for

Evans v. Motley

Case Details

Full title:Tyesha EVANS, Respondent,-November 29, 2013 v. James MOTLEY and Lula…

Court:Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts.

Date published: Nov 29, 2013

Citations

41 Misc. 3d 142 (N.Y. App. Term 2013)
2013 N.Y. Slip Op. 52024
983 N.Y.S.2d 202