Opinion
2008-289 S C.
Decided June 29, 2009.
Appeal from a final judgment of the District Court of Suffolk County, Fifth District (James P. Flanagan, J.), entered December 27, 2007. The final judgment awarded landlord possession and the principal sum of $1,847.50 in a nonpayment summary proceeding.
PRESENT: RUDOLPH, P.J., MOLIA, J. and NICOLAI, JJ.
Final judgment reversed without costs and matter remitted to the District Court for all further proceedings.
In this residential nonpayment summary proceeding, the District Court awarded landlord a final judgment after a court appearance during which there was no sworn testimony. Moreover, the parties did not offer the lease into evidence. As no sufficient record exists for this court to review, the final judgment is reversed and the matter is remitted to the District Court for all further proceedings.
Rudolph, P.J., Molia and Nicolai, JJ., concur.