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NEDERPELT v. BEN HUR MOVING STOR. CO.

Appellate Term of the Supreme Court of New York, First Department
Feb 22, 2008
2008 N.Y. Slip Op. 50314 (N.Y. App. Term 2008)

Opinion

570845/07.

Decided on February 22, 2008.

Defendant appeals from a judgment of the Civil Court of the City of New York, New York County (Milagros A. Matos, J.), entered July 21, 2006, after a nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $10,000.

PRESENT: McKeon, P.J., Davis, Heitler, JJ.


Judgment (Milagros A. Matos, J.), entered July 21, 2006, reversed, without costs, and matter remanded for a new trial.

The trial court failed to comply with the specificity requirements of CPLR 4213(b), in rendering judgment in plaintiff's favor without setting forth its rationale or the facts essential to its determination. Inasmuch as this case hinges in large measure upon issues of credibility raised by the parties' conflicting testimony, a remand for a new trial is the appropriate remedy ( see Weckstein v Breitbart, 111 AD2d 6, 8).

This Constitutes the Decision and Order of the Court.


Summaries of

NEDERPELT v. BEN HUR MOVING STOR. CO.

Appellate Term of the Supreme Court of New York, First Department
Feb 22, 2008
2008 N.Y. Slip Op. 50314 (N.Y. App. Term 2008)
Case details for

NEDERPELT v. BEN HUR MOVING STOR. CO.

Case Details

Full title:DREW NEDERPELT, Plaintiff-Respondent, v. BEN HUR MOVING AND STORAGE…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Feb 22, 2008

Citations

2008 N.Y. Slip Op. 50314 (N.Y. App. Term 2008)