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Thomas v. Taryag Realty

Appellate Term of the Supreme Court of New York, Second Department
Dec 13, 2005
2005 N.Y. Slip Op. 52119 (N.Y. App. Term 2005)

Opinion

2005-4 K C.

Decided December 13, 2005.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Jack M. Battaglia, J.), entered on June 29, 2004. The judgment, insofar as appealed from on the ground of inadequacy, awarded plaintiff, after a nonjury trial, the sum of $3,315.00 as against defendant Taryag Realty.

Judgment, insofar as appealed from, unanimously reversed without costs and matter remanded to the court below for a new trial limited to the issue of damages.

PRESENT: PESCE, P.J., GOLIA and BELEN, JJ.


A review of the record on appeal indicates that the trial court's determination that plaintiff was entitled to recover damages was based upon, inter alia, documentary materials, including receipts and photographs, which were presented by plaintiff but improperly never admitted into evidence and not made part of the record. Under the circumstances, appellate review of the adequacy of the award is precluded and the matter must be remanded to the court below for a new trial limited to the issue of damages.


Summaries of

Thomas v. Taryag Realty

Appellate Term of the Supreme Court of New York, Second Department
Dec 13, 2005
2005 N.Y. Slip Op. 52119 (N.Y. App. Term 2005)
Case details for

Thomas v. Taryag Realty

Case Details

Full title:ILENE THOMAS, Appellant, v. TARYAG REALTY, Respondent, and RONALD W…

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

Date published: Dec 13, 2005

Citations

2005 N.Y. Slip Op. 52119 (N.Y. App. Term 2005)
814 N.Y.S.2d 565