CPLR § 4213 Decision of the court
(b) Form of decision
Tulley v Nemet Motor, Inc., 2009 NYSlipOp 50526(U) (App. Term.,1st, 2009)
The trial court failed to comply with the specificity requirements of
CPLR 4213(b) in rendering judgment in plaintiff's favor without setting
forth its rationale or the facts essential to its determination.
Inasmuch as this case hinges in large measure upon issues of
credibility, and since it is unclear whether the trial court applied
the proper statutory burdens of proof (see General Business Law § 198-b); Jandreau v LaVigne, 170 AD2d 861 [1991]), a remand for a new trial is the appropriate remedy (see Weckstein v Breitbart, 111 AD2d 6 [1985]).
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