Tulley v Nemet Motor, Inc.

[*1] Tulley v Nemet Motor, Inc. 2009 NY Slip Op 50526(U) [23 Misc 3d 126(A)] Decided on March 26, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 26, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570698/07.

Georgia Tulley, Plaintiff-Respondent,

against

Nemet Motor, Inc., Defendant-Appellant.

Defendant appeals from a judgment of the Civil Court of the City of New York, New York County (Milagros A. Matos, J.), entered October 2, 2006, after a nonjury trial, in favor of plaintiff and awarding her damages.

Per Curiam.

Judgment (Milagros A. Matos, J.), entered October 2, 2006, reversed, and matter remanded for a new trial, with $30 costs to abide the event.

The trial court failed to comply with the specificity requirements of CPLR 4213(b) in rendering judgment in plaintiff's favor without setting forth its rationale or the facts essential to its determination. Inasmuch as this case hinges in large measure upon issues of credibility, and since it is unclear whether the trial court applied the proper statutory burdens of proof (see General Business Law § 198-b); Jandreau v LaVigne, 170 AD2d 861 [1991]), a remand for a new trial is the appropriate remedy (see Weckstein v Breitbart, 111 AD2d 6 [1985]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 26, 2009