GARCIA v. LELAND GARDENS CONDO (2019)

Supreme Court, Appellate Term, New York,

Elizabeth GARCIA, Plaintiff-Appellant, v. LELAND GARDENS CONDO 1, Defendant-Respondent.

570433 /19

Decided: December 17, 2019

PRESENT: Ling-Cohan, J.P., Cooper J.

Appeal from judgment (Lyle E. Frank, J.), entered on or about September 27, 2018, insofar as appealed from, held in abeyance and matter remanded to Civil Court for issuance of a decision in conformity with the requirements of CPLR 4213(b).

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, we hold the appeal in abeyance and remand the matter for issuance of a decision setting forth the essential facts as required by CPLR 4213(b) (see Brenner v. de Bruin, 171 A.D.2d 833 [1991]; Ozzy Constr. Co. v. Scott, 35 Misc. 3d 139[A], 2012 NY Slip Op. 50849[U][App. Term, 1st Dept. 2012]).

Per Curiam.

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