Bowie v Washington

[*1] Bowie v Washington 2013 NY Slip Op 50281(U) Decided on February 26, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 26, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Torres, J.P., Schoenfeld, Shulman, JJ
571060/12.

Kishanna Bowie, Plaintiff-Respondent,

against

Porsche Washington, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Gerald Lebovits, J.), entered February 1, 2012, after trial, in favor of plaintiff and awarding her damages in the principal sum of $5,000.

Per Curiam.

Judgment (Gerald Lebovits, J.), entered February 1, 2012, held in abeyance and the matter remanded to Civil Court for issuance of a decision in conformity with the requirements of CPLR 4213(b).

The trial court failed to comply with CPLR 4213(b) in rendering judgment in plaintiff's favor without setting forth its rationale or the facts essential to that determination. Inasmuch as this small claims action hinges in large measure on issues of credibility, we hold the appeal in abeyance and remand the matter for issuance of a decision setting forth the essential facts as required by CPLR 4213(b) (see Brenner v De Bruin, 171 AD2d 833 [1991]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: February 26, 2013