Opinion
570845/09.
Decided February 24, 2010.
Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered February 20, 2008, after a nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $5,000.
Appeal from judgment (Fernando Tapia, J.), entered February 20, 2008, held in abeyance and the matter remanded to Civil Court for issuance of a decision in conformity with the requirements of CPLR 4213(b).
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
We appreciate the substantial caseloads facing Civil Court judges, and recognize that comprehensive written opinions cannot reasonably be expected in every case. Nevertheless, a trial judge is required to "state the facts [the judge] deems essential" to the decision (CPLR 4213[b]). That requirement is not a mere technical barrier to appellate review. Rather, it serves to assure the parties that the trial judge's decision is reasoned, not arbitrary ( see Nadle v L.O. Realty Corp., 286 AD2d 130), and promotes informed appellate review ( see Cassano v Cassano, 85 NY2d 649, 655).
Here, the trial judge failed to comply with CPLR 4213(b) in rendering the judgment in plaintiff's favor without setting forth the facts essential to that determination ( see e.g. Bowie v St. Cabrini Nursing Home, Inc. , 26 Misc 3d 128[A] [2009], 2009 NY Slip Op 52641[U]). Inasmuch as the parties' conflicting testimony raises issues of credibility, the appropriate remedy here 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 e.g. Brenner v De Bruin, 171 AD2d 833).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.