Opinion
2007-1560 W C.
Decided November 7, 2008.
Appeal from a judgment of the City Court of Yonkers, Westchester County (Charles D. Wood, J.), entered January 8, 2007. The judgment, insofar as appealed from, after a nonjury trial, dismissed plaintiff's cause of action.
Judgment, insofar as appealed from, reversed without costs and a new trial ordered as to plaintiff's cause of action.
PRESENT: RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ.
In this small claims action, both parties asserted causes of action for property damage arising out of an accident between their vehicles. After trial, the lower court dismissed both plaintiff's claim and defendant's counterclaim. Plaintiff appeals from so much of the judgment as dismissed his cause of action.
The trial court failed to set forth the basis for its determination. It is unclear how the court resolved the parties' respective culpability for the accident or whether the dismissal was based upon a failure of proof as to damages. Accordingly, under the circumstances, the record is insufficient to permit proper appellate review, and it cannot be said that substantial justice has been done between the parties according to the rules and principles of substantive law (UCCA 1804, 1807). Consequently, a new trial is warranted as to plaintiff's cause of action. As defendant did not cross-appeal, we need not consider the propriety of the dismissal of his counterclaim ( Matter of American Home Assur. Co. v Claims Serv. Bur., 191 Misc 2d 295 [App Term, 9th 10th Jud Dists 2002]).
Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.