Opinion
2008-2077 K C.
Decided November 19, 2009.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered October 5, 2007. The judgment, after a nonjury trial solely on the issue of damages, awarded plaintiff the sum of $4,232.04.
ORDERED that the judgment is reversed without costs and the complaint is dismissed.
PRESENT: WESTON, J.P., RIOS and STEINHARDT, JJ.
In this action to recover for damage to an apartment rented by plaintiff to defendants, defendants previously appealed to this court from a judgment after trial that, among other things, awarded plaintiff the principal sum of $6,982.04. This court, insofar as is relevant to the instant appeal, remanded the matter to the Civil Court for a new trial on plaintiff's complaint limited to the issue of damages ( Andreani v Feygin , 11 Misc 3d 54 ). Specifically, this court found that plaintiff had sought to establish damages solely through the submission of bills, which is permissible under certain circumstances pursuant to CPLR 4533-a, but not all of the bills submitted were of the type that may be admitted pursuant to that provision of the CPLR, and that plaintiff had failed to obtain the requisite certification for the ones that were. Upon remand, following a new trial, the Civil Court awarded plaintiff the sum of $4,232.04.
At the second trial, plaintiff again failed to obtain the requisite certification pursuant to CPLR 4533-a on the bills to which that provision is applicable, and again failed to offer any additional evidence to support the remaining bills ( see Meyer v State of New York, 51 AD2d 828). Accordingly, the judgment is reversed and the complaint dismissed.
Weston, J.P., Rios and Steinhardt, JJ., concur.