Opinion
No. 2013–2068 N C.
02-24-2015
Teresa Francesca RIGINIO, Respondent, v. REGAL LIMOUSINE, Appellant.
Opinion
ORDERED that the judgment is reversed, without costs, and the matter is remitted to the District Court for a new trial limited to the issue of damages.
Insofar as is relevant to this appeal, plaintiff commenced this small claims action to recover the principal sum of $3,000 based on a breach of contract. Plaintiff had hired defendant limousine service to transport her, her husband and some of their wedding guests to and from their wedding reception hall, and, at the conclusion of the wedding, to a hotel.
Plaintiff established defendant's breach of contract, by proof that defendant had transported plaintiff and her husband to the reception hall late, causing them and some of their guests to miss at least a part of the wedding reception, and that defendant had failed to return to the reception hall after the wedding had ended, to transport plaintiff and her husband to the hotel. However, the District Court failed to make any specific findings of fact with regard to the amount it awarded plaintiff, and it cannot be ascertained how the court arrived at the sum of $1,770. As it cannot be determined whether the judgment rendered substantial justice between the parties according to the rules and principles of substantive law (see UDCA 1804, 1807 ), the judgment is reversed and a new trial is ordered limited to the issue of damages (see Manu v. Gerard Ct. Assoc., LLC, 37 Misc.3d 132[A], 2012 N.Y. Slip Op 52007[U] [App Term, 1st Dept 2012] ).
MARANO, P.J., IANNACCI and TOLBERT, JJ., concur.