Wells v Vasquez

[*1] Wells v Vasquez 2010 NY Slip Op 50514(U) [27 Misc 3d 126(A)] Decided on March 29, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 29, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570784/09.

Theodore Wells, Plaintiff-Appellant,

against

Juana F. Vasquez, Defendant-Respondent.

Plaintiff 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 8, 2009, after trial, in favor of defendant dismissing the action.

Per Curiam.

Appeal from judgment (Ben R. Barbato, J.), entered on or about September 8, 2009, dismissed, without costs.

Meaningful appellate review of the underlying small claims judgment is precluded in view of the absence of the trial transcript. We thus dismiss the appeal without prejudice to plaintiff's right to pursue the appeal after obtaining the trial transcript, or seeking appropriate relief in Civil Court by way of the reconstruction of the trial testimony or a statement in lieu of the transcript (see CPLR 5525[d]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 29, 2010