Riley v River View Towers, Inc.

[*1] Riley v River View Towers, Inc. 2005 NYSlipOp 50801(U) Decided on May 31, 2005 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 31, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570823/01

Bernice Riley, Plaintiff-Appellant,

against

River View Towers, Inc., Defendant-Respondent.

Plaintiff appeals from a judgment of the Civil Court, New York County, entered October 3, 2003 after a nonjury trial (Debra R. Samuels, J.) in favor of defendant dismissing the complaint.

PER CURIAM:

Judgment entered October 3, 2003 (Debra R. Samuels, J.) reversed, without costs, and matter remanded for a new trial.

The action seeks recovery, inter alia, for property damage sustained by plaintiff as a result of a series of raw sewage "floods" in her cooperative apartment. The record indicates that the pro se plaintiff was directed to proceed with the trial of her action despite her representations to the court that she had recently suffered a stroke and was unaware that "this would be a trial" or that she "could have brought [any witnesses] here today." While expedition in the trial of a case is to be encouraged and the court's apparent frustration with the plaintiff's unpreparedness is understandable, we think this an appropriate situation to exercise our discretion and direct a new trial so as to afford plaintiff a final opportunity to establish the amount of her damages, the lone contested issue remaining in the litigation. [*2]

This constitutes the decision and order of the court.
Decision Date: May 31, 2005