C.F.C. Commercial Flooring Contrs., Inc. v Sachs

[*1] C.F.C. Commercial Flooring Contrs., Inc. v Sachs 2005 NY Slip Op 51524(U) [9 Misc 3d 128(A)] Decided on September 20, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 20, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2004-1196 S C

C.F.C. Commercial Flooring Contractors, Inc., Respondent,

against

George Sachs, Appellant, -and- BARBARA SACHS, Defendant. GEORGE SACHS, Third-Party Plaintiff-Appellant, -and- BARBARA SACHS, Third-Party Plaintiff, EURO MARBLE CENTER, INC., Third-Party Defendant-Respondent.

Appeal from a judgment of the District Court of Suffolk County, Third District

(C. Steven Hackeling, J.), entered December 8, 2003. The judgment awarded plaintiff
the principal sum of $11,630, which included a $1,270 offset for the monies awarded to defendant on his counterclaim, and dismissed the third-party complaint.

Appeal held in abeyance and matter remanded to the court below for a reconstruction of the trial testimony which took place on May 5, 2003. [*2]

The record on appeal includes transcripts of those portions of the trial which took place on April 29, 2003, June 16, 2003 and November 6, 2003. However, it does not include that part of the trial which took place on May 5, 2003. The affidavit of the court transcriber states that the tape of that day was inaudible and therefore could not be transcribed. Accordingly, the appeal is held in abeyance and the matter is remanded to the court below for a reconstruction hearing.
Decision Date: September 20, 2005