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Alli v. Ramsaran

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
Jan 12, 2012
2012 N.Y. Slip Op. 50038 (N.Y. App. Term 2012)

Opinion

570547/11

01-12-2012

Imran Alli, Plaintiff-Respondent, v. Roy Ramsaran d/b/a RSR Video, Defendant-Appellant.


PRESENT: , III, P.J., Schoenfeld, Hunter, Jr., JJ

Defendant 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 January 25, 2011, after a nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $1,000.

Per Curiam.

Appeal from judgment (Ben R. Barbato, J.), entered on or about January 25, 2011, held in abeyance and the matter remanded to Civil Court for issuance of a decision in conformity with the requirements of CPLR 4213(b).

The trial court failed to comply with CPLR 4213(b) in rendering judgment in plaintiff's favor without setting forth its rationale or the facts essential to that determination. The appropriate remedy is to hold the appeal in abeyance and remand the matter for issuance of a decision setting forth the essential facts (see Brenner v De Bruin, 171 AD2d 833 [1991]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Alli v. Ramsaran

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
Jan 12, 2012
2012 N.Y. Slip Op. 50038 (N.Y. App. Term 2012)
Case details for

Alli v. Ramsaran

Case Details

Full title:Imran Alli, Plaintiff-Respondent, v. Roy Ramsaran d/b/a RSR Video…

Court:APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

Date published: Jan 12, 2012

Citations

2012 N.Y. Slip Op. 50038 (N.Y. App. Term 2012)