Bertin v Bertin

[*1] Bertin v Bertin 2005 NYSlipOp 50855(U) Decided on June 1, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 1, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: June 1, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
2004-820 P C

Daniel Bertin, Appellant,

against

Paolo Bertin, Respondent.

Appeal by plaintiff from a small claims judgment of the Justice Court, Town of Carmel, Putnam County (J. Spofford Jr., J.), entered August 23, 2004, in favor of defendant dismissing the action.

Judgment unanimously reversed without costs and matter remanded to the court below for a new trial.

Substantial justice was not done between the parties in this action for destruction of property (UJCA 1804, 1807). The judgment in favor of the defendant is not supported by the scanty record, and the Justice's minutes are not sufficiently descriptive of the testimony to permit a meaningful appellate review of issues of liability and damages (see UJCA 1704; Kappus v Zimbaldi, NYLJ, May 30, 2001 [App Term, 9th & 10th Jud Dists]). The matter is accordingly remanded to the court below for a fuller development of the facts, including, but not limited to, defendant's authority to remove plaintiff's possessions from the premises, plaintiff's entitlement to use and occupancy of the premises, and the value of plaintiff's property allegedly removed and disposed of.
Decision Date: June 01, 2005