Perez v Value King Dept. & Furniture Store

[*1] Perez v Value King Dept. & Furniture Store 2013 NY Slip Op 50786(U) Decided on May 16, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 16, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ
570204/13.

Carmen Perez and Carlos Lorenzo, Plaintiffs-Appellants,

against

Value King Department and Furniture Store, Defendant-Respondent.

Plaintiffs appeal from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Gerald Lebovits, J.), entered on or about May 30, 2012, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Gerald Lebovits, J.), entered on or about May 30, 2012, reversed, without costs, and new trial ordered.

Meaningful appellate review of the underlying small claims judgment is precluded where no trial transcript is available, and the desultory statement in lieu of stenographic transcript submitted by plaintiffs was not the type of summary of the proceedings contemplated by CPLR 5525(d)(see Matter of Dyno v Village of Johnson City, 255 AD2d 737 [1998]). Nor does it appear that the statement was properly settled by the trial judge "in accordance with [his] recollection of what transpired at the trial" (Brandenburg v Brandenburg, 188 AD2d 368 [1992]). In these circumstances, we are constrained to remand the matter for a new trial.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.



MAY 16, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

May 2013 Term

Lowe, III, P.J., Shulman, Hunter, Jr., JJ.

Carmen Perez and Carlos Lorenzo,NY County Clerk's No.
Plaintiffs-Appellants,570204/13
-
against-
Value King Department and
Furniture Store,
Defendant-Respondent.Calendar No. 13-148

Plaintiffs appeal from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Gerald Lebovits, J.), entered on or about May 30, 2012, after trial, in favor of defendant dismissing the action. Per Curiam.
Judgment (Gerald Lebovits, J.), entered on or about May 30, 2012, reversed, without costs, and new trial ordered.
Meaningful appellate review of the underlying small claims judgment is precluded where no trial transcript is available, and the desultory statement in lieu of stenographic transcript submitted by plaintiffs was not the type of summary of the proceedings contemplated by CPLR 5525(d)(see Matter of Dyno v Village of Johnson City, 255 AD2d 737 [1998]). Nor does it appear that the statement was properly settled by the trial judge "in accordance with [his] recollection of what transpired at the trial" (Brandenburg v Brandenburg, 188 AD2d 368 [1992]). In these circumstances, we are constrained to remand the matter for a new trial.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur [*2]
Decision Date: May 16, 2013



I concur I concur I concur

[*3]
Decision Date: May 16, 2013