Opinion
No. 570204/13.
2013-05-16
Carmen PEREZ and Carlos Lorenzo, Plaintiffs–Appellants, v. VALUE KING DEPARTMENT AND FURNITURE STORE, Defendant–Respondent.
Plaintiffs appeal from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Gerald Lebovits, J.), entered on or about May 30, 2012, after trial, in favor of defendant dismissing the action.
Present: LOWE, III, P.J., SHULMAN, HUNTER, JR., JJ.
PER CURIAM.
Judgment (Gerald Lebovits, J.), entered on or about May 30, 2012, reversed, without costs, and new trial ordered.
Meaningful appellate review of the underlying small claims judgment is precluded where no trial transcript is available, and the desultory statement in lieu of stenographic transcript submitted by plaintiffs was not the type of summary of the proceedings contemplated by CPLR 5525(d)( see Matter of Dyno v. Village of Johnson City, 255 A.D.2d 737 [1998] ). Nor does it appear that the statement was properly settled by the trial judge “in accordance with [his] recollection of what transpired at the trial” (Brandenburg v. Brandenburg, 188 A.D.2d 368 [1992] ). In these circumstances, we are constrained to remand the matter for a new trial.