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Garcia v. Leland Gardens Condo 1

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 17, 2019
65 Misc. 3d 160 (N.Y. App. Term 2019)

Opinion

570433/19

12-17-2019

Elizabeth GARCIA, Plaintiff-Appellant, v. LELAND GARDENS CONDO 1, Defendant-Respondent.


Per Curiam.

Appeal from judgment (Lyle E. Frank, J.), entered on or about September 27, 2018, insofar as appealed from, held in abeyance and 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 the specificity requirements of CPLR 4213(b) in rendering judgment in defendant's favor without setting forth its rationale or the facts essential to its determination. Inasmuch as this small claims action hinges in large measure upon issues of credibility raised by the parties' conflicting testimony, we hold the appeal in abeyance and remand the matter for issuance of a decision setting forth the essential facts as required by CPLR 4213(b) (see Brenner v. de Bruin , 171 A.D.2d 833 [1991] ; Ozzy Constr. Co. v. Scott , 35 Misc. 3d 139[A], 2012 NY Slip Op. 50849[U][App. Term, 1st Dept. 2012] ).


Summaries of

Garcia v. Leland Gardens Condo 1

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 17, 2019
65 Misc. 3d 160 (N.Y. App. Term 2019)
Case details for

Garcia v. Leland Gardens Condo 1

Case Details

Full title:Elizabeth Garcia, Plaintiff-Appellant, v. Leland Gardens Condo 1…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Dec 17, 2019

Citations

65 Misc. 3d 160 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 52018
119 N.Y.S.3d 805