AFZAL v. MALIK (2021)

ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial.

In this action commenced by endorsed complaint, plaintiff seeks to recover $10,000 based on sums she claims to have loaned to or expended on behalf of defendant, which defendant promised, but failed, to pay back. Following a nonjury trial, the Civil Court awarded plaintiff the principal sum of $7,397.

Defendant argues that the court admitted into evidence and relied upon various documents for the truth of the matters asserted therein without sufficient foundation, and that those documents were inadmissible hearsay. Based on the record before us, it is not clear that the court actually admitted any of the documents presented at trial. Plaintiff did not seek to move any document into evidence and the court did not state that any document was being admitted into evidence. However, the court appeared to rely on the documents presented by plaintiff. As it is not clear from the record that defendant was given an appropriate opportunity to object to plaintiff's purported exhibits, or that a sufficient foundation was laid for any of those exhibits, we find that a new trial is warranted.

Moreover, as defendant further argues, the Civil Court failed to “state the facts it deems essential” (CPLR 4213 [b]), and it cannot be determined how the Civil Court arrived at the total of $7,397 in damages.

Accordingly, the judgment is reversed and the matter is remitted to the Civil Court for a new trial.

ALIOTTA, P.J., WESTON and ELLIOT, JJ., concur.