Opinion
64 CA 18–01485
03-15-2019
STATE BANK OF TEXAS, Plaintiff–Respondent, v. KAANAM, LLC, Milind K. Oza and Nayna M. Oza, Defendants–Appellants.
CARL E. PERSON, NEW YORK CITY, FOR DEFENDANTS–APPELLANTS. LAW OFFICE OF RICHARD J. MORRISROE, DUNKIRK (RICHARD J. MORRISROE OF COUNSEL), FOR PLAINTIFF–RESPONDENT.
CARL E. PERSON, NEW YORK CITY, FOR DEFENDANTS–APPELLANTS.
LAW OFFICE OF RICHARD J. MORRISROE, DUNKIRK (RICHARD J. MORRISROE OF COUNSEL), FOR PLAINTIFF–RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, DEJOSEPH, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Chautauqua County, for further proceedings in accordance with the following memorandum: Defendants appeal from an order entered following a nonjury trial that, inter alia, awarded plaintiff damages in the amount of $300,000 together with interest. Supreme Court's written decision fails to set forth the "facts it deem[ed] essential" to its determination ( CPLR 4213[b] ). Under the circumstances, we conclude that the case must be held and that the decision must be reserved, and we remit the matter to Supreme Court to make the requisite findings of fact and to conduct a new trial or hearing, if necessary (see Chavoustie v. Stone St. Baptist Church of Chaumont , 163 A.D.2d 856, 856, 559 N.Y.S.2d 838 [4th Dept. 1990] ; Treadway Inns Corp. v. Robe of New Hartford , 91 A.D.2d 828, 829, 458 N.Y.S.2d 416 [4th Dept. 1982] ; Mastin v. Village of Lima , 77 A.D.2d 786, 787, 430 N.Y.S.2d 726 [4th Dept. 1980] ).