Reed v Hudson

[*1] Reed v Hudson 2005 NYSlipOp 50787(U) Decided on May 23, 2005 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 23, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., RIOS and BELEN, JJ.
2004-698 K C

EVALEEN REED, Appellant,

against

SAMUEL HUDSON and ROSALIE HUDSON, Respondents.

Appeal by plaintiff from so much of a judgment of the Civil Court, Kings County (S. Krauss, J.), entered on December 19, 2003, as dismissed her complaint.

Judgment insofar as appealed from unanimously reversed without costs and matter remanded to the court below for a new trial solely as to plaintiff's cause of action.

The court below failed to make adequate findings of fact when rendering its decision as required by CPLR 4213 (b). In this nonjury case, a decision, setting forth the factual basis for the judgment, is necessary to insure a proper adjudication and a basis for an adequate review on appeal (see Nutone, Inc. v Bouley Co., 38 AD2d 670 [1971]). While this court has the power to make findings, under the circumstances of this case, it would not be appropriate to do so (see Power v Falk, 15 AD2d 216 [1961]). Therefore, the judgment should be reversed and the matter remanded for a new trial solely as to plaintiff's cause of action.
Decision Date: May 23, 2005