BARON v. VALENTIN (2018)

Supreme Court, Appellate Term, New York,

Mary BARON, Plaintiff-Appellant, v. Tania VALENTIN, Defendant-Respondent.

570335 /18

Decided: November 26, 2018

PRESENT: Shulman, P.J., Ling-Cohan, Gonzalez, JJ.

Judgment (Paul L. Alpert, J.), entered on or about March 23, 2017, reversed, without costs, and new trial ordered.

The trial court failed to comply with the specificity requirements of CPLR 4213(b) in rendering judgment in defendant's favor without setting forth its rationale or the facts essential to its determination. Inasmuch as this small claims action hinges in large measure upon issues of credibility raised by the parties' conflicting testimony, a remand for a new trial is the appropriate remedy (see Weckstein v Breitbart, 111 AD2d 6, 8 [1985]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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