Opinion
2006-236 W C.
Decided: July 26, 2007.
Appeal from a judgment of the City Court of Yonkers, Westchester County (Richard B. Liebowitz, J.), entered October 25, 2004. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,407.89.
Judgment reversed without costs and matter remanded to the court below for a new trial.
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.
The scanty record on appeal does not permit meaningful appellate review of the small claims judgment in favor of plaintiff. It should be noted that the court's decision sets forth facts that are not included in the record. Accordingly, the matter is remanded to the court below for a new trial ( see e.g. Bertin v Bertin, 7 Misc 3d 137 [A], 2005 NY Slip Op 50855[U] [App Term, 9th 10th Jud Dists]).
Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.