Opinion
570872/03.
Decided November 19, 2004.
Plaintiff appeals from an order of the Civil Court, New York County, entered September 10, 2003 (Delores J. Thomas, J.) which denied his motion to vacate a judgment in favor of defendant dismissing the action.
Order entered September 10, 2003 (Delores J. Thomas, J.) reversed, without costs, motion granted and matter remanded to Civil Court for an inquest.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. WILLIAM J. DAVIS, Justices.
A retrial of the inquest held by the referee is required because of the referee's failure to write or file a report "setting forth findings of fact and conclusions of law" (CPLR 4520[b]) and the absence of a transcript of the proceedings ( id.; see Murphy v. Murphy, 144 AD2d 904).
This constitutes the decision and order of the court.