Opinion
No. 570301/15.
10-16-2015
129TH STREET CLUSTER ASSOCIATES, Petitioner–Landlord–Appellant, v. Teresa LEVY, Respondent–Tenant–Respondent.
Opinion
PER CURIAM.
Appeal from final judgment (Timmie Erin Elsner, J.), entered on or about March 29, 2014, is held in abeyance and the matter is remanded to Civil Court for issuance of a decision in conformity with the requirements of CPLR 4213(b).
Pursuant to CPLR 4213(b), a trial court “should set forth those ultimate or essential facts relied upon in reaching its decision.” Here, the court, following a trial on claims that tenant breached a substantial obligation of her tenancy and committed a nuisance, failed to comply with the mandate of CPLR 4213(b) when it rendered a terse decision that “left unaddressed and unresolved” (Weckstein v. Breitbart, 111 A.D.2d 6, 8 1985 ), the nuisance claim, other than its equivocal statement that tenant's conduct “arguably constitutes a nuisance.” In addition, the court's unelaborated statement that tenant's conduct was “curable” was devoid of any evidentiary facts the court relied upon in reaching this conclusion, and in any event, was premature in the absence of any adjudication of the nuisance claim. In the circumstances, we hold the appeal in abeyance and remand the matter for issuance of a decision which shall state the essential facts, as required by CPLR 4213(b) (see For the People Theatres of N.Y. Inc. v. City of New York, 84 A.D.3d 48, 60 2011 ). We reach no other issue at this juncture.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.