Dodd-Baidoos v Milio Mgt., LLC

[*1] Dodd-Baidoos v Milio Mgt., LLC 2007 NY Slip Op 52297(U) [17 Misc 3d 137(A)] Decided on November 21, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 21, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., EMERSON and LaCAVA, JJ
2006-2047 W C.

Doreen Dodd-Baidoos, Appellant,

against

Milio Management, LLC, Respondent.

Appeal from a judgment of the City Court of Yonkers, Westchester County (Arthur J. Doran, III, J.), entered June 23, 2006. The judgment, after a nonjury trial, dismissed the action.

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

In this small claims action to recover monies deposited with the defendant in relation to an apartment that plaintiff sought to lease, the lower court failed to set forth the factual and legal basis for its finding in favor of defendant and dismissal of plaintiff's cause of action. In order for there to be proper appellate review, such a recitation is
necessary, particularly with regard to the nature of the deposit and the understanding between the parties. Accordingly, under the circumstances presented, it cannot be said that substantial justice has been done between the parties according to the rules and principles of substantive law and the matter must be remanded to the court below for a new trial (UCCA 1807).

Rudolph, P.J., Emerson and LaCava, JJ., concur.
Decision Date: November 21, 2007