Excellent Care Physical Therapy PC v MVAIC

[*1] Excellent Care Physical Therapy PC v MVAIC 2014 NY Slip Op 50679(U) Decided on April 29, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 29, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Lowe, III, Shulman, JJ
570032/14.

Excellent Care Physical Therapy PC, Lifex Medical Care PC, a/a/o Kenton Russell, Plaintiff-Respondent, - -

against

MVAIC, Defendant-Appellant.

Defendant appeals from a judgment of the Civil Court of the City of New York, Bronx County (Elizabeth A. Taylor, J.), entered April 4, 2013, in favor of plaintiff and awarding it damages in the principal sum of $3,689.53.

Per Curiam.

Judgment (Elizabeth A. Taylor, J.), entered April 4, 2013, reversed, without costs, judgment vacated and matter remanded for trial.

On the scheduled trial date of this first-party no-fault action, the court issued a judgment in plaintiff's favor following an untranscribed colloquy with respective counsel. So far as shown, no sworn testimony was elicited and no documents were placed into evidence; nor is there any indication in the scant "record" produced below that the parties submitted the case for resolution on an agreed statement of facts pursuant to CPLR 3222(a). Compounding the problem, the court failed to articulate any findings of fact, reasoning or conclusions, in violation of CPLR 4213(b). Given the unsatisfactory state of the record, we are constrained to remand the matter for a trial de novo.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: April 29, 2014