From Casetext: Smarter Legal Research

Wells v. Vasquez

Appellate Term of the Supreme Court of New York, First Department
Mar 29, 2010
2010 N.Y. Slip Op. 50514 (N.Y. App. Term 2010)

Opinion

570784/09.

Decided March 29, 2010.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered on or about September 8, 2009, after trial, in favor of defendant dismissing the action.

Appeal from judgment (Ben R. Barbato, J.), entered on or about September 8, 2009, dismissed, without costs.

PRESENT: McKeon, P.J., Shulman, Hunter, JJ.


Meaningful appellate review of the underlying small claims judgment is precluded in view of the absence of the trial transcript. We thus dismiss the appeal without prejudice to plaintiff's right to pursue the appeal after obtaining the trial transcript, or seeking appropriate relief in Civil Court by way of the reconstruction of the trial testimony or a statement in lieu of the transcript ( see CPLR 5525[d]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Wells v. Vasquez

Appellate Term of the Supreme Court of New York, First Department
Mar 29, 2010
2010 N.Y. Slip Op. 50514 (N.Y. App. Term 2010)
Case details for

Wells v. Vasquez

Case Details

Full title:THEODORE WELLS, Plaintiff-Appellant, v. JUANA F. VASQUEZ…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Mar 29, 2010

Citations

2010 N.Y. Slip Op. 50514 (N.Y. App. Term 2010)
907 N.Y.S.2d 441