Opinion
2008-152 K C.
Decided February 9, 2009.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Richard Velasquez, J.), entered May 3, 2007. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,575.
Judgment reversed without costs and new trial ordered.
PRESENT: PESCE, P.J., WESTON PATTERSON and STEINHARDT, JJ.
In this small claims action for breach of warranty, the tape recording of the trial was damaged, and defendant submitted a statement in lieu of transcript (CPLR 5525 [d]), portions of which were accepted by the Civil Court for settlement. The statement, as settled, is inadequate to allow for proper appellate review. Thus, it cannot be determined on this record whether substantial justice was done between the parties (CCA 1804, 1807). Accordingly, a new trial is ordered ( see Josephs v Lopez ,21 Misc 3d 138[A], 2008 NY Slip Op 52301[U] [App Term, 9th 10th Jud Dists 2008]).
Pesce, P.J., Weston Patterson and Steinhardt, JJ., concur.