Opinion
570823/01
Decided May 31, 2005.
Plaintiff appeals from a judgment of the Civil Court, New York County, entered October 3, 2003 after a nonjury trial (Debra R. Samuels, J.) in favor of defendant dismissing the complaint.
Judgment entered October 3, 2003 (Debra R. Samuels, J.) reversed, without costs, and matter remanded for a new trial.
Before: PRESENT: HON. WILLIAM J. DAVIS, J.P. HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
The action seeks recovery, inter alia, for property damage sustained by plaintiff as a result of a series of raw sewage "floods" in her cooperative apartment. The record indicates that the pro se plaintiff was directed to proceed with the trial of her action despite her representations to the court that she had recently suffered a stroke and was unaware that "this would be a trial" or that she "could have brought [any witnesses] here today." While expedition in the trial of a case is to be encouraged and the court's apparent frustration with the plaintiff's unpreparedness is understandable, we think this an appropriate situation to exercise our discretion and direct a new trial so as to afford plaintiff a final opportunity to establish the amount of her damages, the lone contested issue remaining in the litigation.
This constitutes the decision and order of the court.