Opinion
570784/09.
Decided March 29, 2010.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered on or about September 8, 2009, after trial, in favor of defendant dismissing the action.
Appeal from judgment (Ben R. Barbato, J.), entered on or about September 8, 2009, dismissed, without costs.
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
Meaningful appellate review of the underlying small claims judgment is precluded in view of the absence of the trial transcript. We thus dismiss the appeal without prejudice to plaintiff's right to pursue the appeal after obtaining the trial transcript, or seeking appropriate relief in Civil Court by way of the reconstruction of the trial testimony or a statement in lieu of the transcript ( see CPLR 5525[d]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.