Opinion
570519/10.
Decided February 25, 2011.
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered on or about March 30, 2009, after a nonjury trial, in favor of plaintiff, awarding him damages in the principal sum of $878.13.
Appeal from judgment (Nelida Malave-Gonzalez, J.), entered on or about March 30, 2009, held in abeyance and the matter remanded to Civil Court for issuance of a decision in conformity with the requirements of CPLR 4213(b).
PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ.
The trial court failed to comply with CPLR 4213(b) in rendering the judgment in plaintiff's favor without setting forth its rationale or the facts essential to that determination. As such, the appropriate remedy is to hold the appeal in abeyance and remand the matter for issuance of a decision setting forth the essential facts ( see Brenner v De Bruin, 171 AD2d 833).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.