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.