Rogers v Avgush

[*1] Rogers v Avgush 2007 NY Slip Op 52266(U) [17 Misc 3d 135(A)] Decided on December 3, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 3, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ
570408/07.

Laurie Rogers, Plaintiff-Respondent,

against

Doron Avgush, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered on or about September 12, 2006, after trial, in favor of plaintiff and awarding her damages.

PER CURIAM:

Appeal from judgment (Ben R. Barbato, J.), entered on or about September 12, 2006, held in abeyance and matter remanded to Civil Court for a reconstruction of the trial testimony.

Meaningful appellate review of the underlying small claims judgment is precluded in view of the incomplete nature of the trial transcript, which contains substantial inaudible gaps in the recording of defendant's testimony. In this posture, a remand for a reconstruction hearing is required.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 3, 2007