Mishra v Robert Henle, P.C.

[*1] Mishra v Robert Henle, P.C. 2005 NY Slip Op 52228(U) [10 Misc 3d 141(A)] Decided on June 28, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 28, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: HON. WILLIAM J. DAVIS, J.P. HON. PHYLLIS GANGEL-JACOB HON. MARTIN SCHOENFELD JJ
#. x

RAJ K. MISHRA, 570774/03 Plaintiff-Appellant, 04-168

against

ROBERT HENLE, P.C., Defendant-Respondent x

Plaintiff appeals from a judgment of the Civil Court, Bronx County, entered on or about April 14, 2003 after inquest (Francis M. Alessandro, J.) which dismissed the complaint.

PER CURIAM:

Judgment entered on or about April 14, 2003 (Francis M. Alessandro, J.) reversed, without costs, and the matter remanded for a new inquest.

On this sparse (two page) record, we are unable to determine whether the court's failure to award damages after inquest was proper. The pro se plaintiff's documentary evidence was shown to the court but neither admitted into nor excluded from evidence, and the trial court did not set forth the facts essential to its conclusion that plaintiff was not entitled to damages (see, CPLR §4213 [b]).

This constitutes the decision and order of the court.
Decision Date: June 28, 2005