Opinion
No. 2014–2327 K C.
08-10-2016
Yaser M. ELGENDY, Appellant, v. Iman SAKR and Mohamed Qoteit, Respondents.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Steven Z. Mostofsky, J.), entered June 26, 2014. The judgment, after a nonjury trial, dismissed the action.
ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial.
In this small claims action to recover five months' unpaid rent from plaintiff's former tenants, defendants claimed that they were entitled to a setoff based on the warranty of habitability. At a nonjury trial, the parties disputed the number and nature of housing violations that had been placed on the apartment and the timeliness and effectiveness of plaintiff's efforts to cure. Plaintiff offered as exhibits documentation of expenses incurred to cure the violations, and defendants offered photographs alleged to document the conditions in the premises prior to their departure. Plaintiff testified that whatever violations had not been timely cured had resulted from defendants' denial of access to effect the cures, which fact defendants did not dispute. Following the trial, the Civil Court awarded defendants an abatement of all rents owed and dismissed the action.
The exhibits that were introduced into evidence at trial have not been made part of the record on the appeal, aside from a few photographs and an invoice in relation to a bedbug extermination. Consequently, we cannot determine whether the Civil Court's judgment rendered substantial justice between the parties (see CCA 1807 ; Arrow Empl. Agency Inc. v. Accent Hardwood Flooring & Supply Corp., 22 Misc.3d 132[A], 2008 N.Y. Slip Op 52645[U], *1 [App Term, 2d Dept, 9th & 10th Jud Dists 2008]; Estate of Maher v. Maher, 2003 N.Y. Slip Op 50918[U], *2–3 [App Term, 2d Dept, 9th & 10th Jud Dists 2003] ).
Accordingly, the judgment is reversed and the matter is remitted to the Civil Court for a new trial.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.