Opinion
No. 2011–1848NC.
2012-12-21
Sannie KIRSCHNER, Respondent, v. Robert VIALA and Lucy Viala, Appellants.
Present: NICOLAI, P.J., LaCAVA and LaSALLE, JJ.
Appeal from a judgment of the District Court of Nassau County, Fourth District (Tricia M. Ferrell, J.), entered June 10, 2010. The judgment, after a nonjury 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 nonjury 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 A.D.2d 6 [1985];Manu v. Gerard Ct. Assoc., LLC, 37 Misc.3d 132[A], 2012 N.Y. 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.