Andreani v. Feygin
| Decision Date | 06 February 2006 |
| Docket Number | 2005-693 K C. |
| Citation | 812 N.Y.S.2d 740,2006 NY Slip Op 26036,11 Misc.3d 54 |
| Parties | ROSA ANDREANI, Respondent, v. GREGORY FEYGIN, Also Known as GRIGORY FEYGIN, et al., Appellants. |
| Court | New York Supreme Court — Appellate Term |
APPEAL from a judgment of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), entered August 2, 2004. The judgment, after a nonjury trial, awarded plaintiff the sum of $6,982.04, together with interest, costs and disbursements, and dismissed defendants' counterclaim.
Gregory Feygin, appellant pro se.
Judgment reversed without costs, judgment directed to be entered in favor of defendants on their counterclaim in the sum of $1, complaint severed and matter remanded to the court below for a new trial on plaintiff's complaint limited to the issue of damages.
Plaintiff, pro se, instituted this action in the regular part of the Civil Court for, in essence, damages to an apartment rented to defendants pursuant to an oral lease. At trial, the court admitted into evidence, as proof of damages, photographs taken of the apartment before and after defendants' occupancy as well as paid bills covering such items as the cost of repairs. Defendants counterclaimed for damages including, inter alia, illegal entry.
Since the matter was tried in the regular part of the Civil Court, the parties were required to comply with the rules of evidence set forth in the CPLR relevant to their proof of damages (CCA 2102; cf. CCA 1804). Rule 4533-a of the CPLR states that an itemized bill or receipt marked paid, for services or repairs in an amount not in excess of $2,000, is admissible in evidence and is prima facie evidence of the reasonable value and necessity of the services or repairs itemized therein provided that the person who rendered the services, or made the repairs, or an authorized agent thereof, certified the bill and made a verified statement that no part of the payment will be refunded, and that the charges for the services and repairs were at the provider's usual rate, and provided further that a true copy of such itemized bill together with a notice of intention to introduce such bill into evidence pursuant to said rule is served upon all parties no more than 10 days prior to trial.
In the case at bar, plaintiff sought to establish damages solely through the submission of bills. However, none of the bills submitted met the criteria of CPLR 4533-a for admission. The bill...
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Andreani v. Feygin, 2009 NY Slip Op 52378(U) (N.Y. App. Term 11/19/2009)
...instant appeal, remanded the matter to the Civil Court for a new trial on plaintiff's complaint limited to the issue of damages (Andreani v Feygin, 11 Misc 3d 54). Specifically, this court found that plaintiff had sought to establish damages solely through the submission of bills, which is ......
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Batac v. Allstate Prop.
...through admissible evidence any inadequacy, or that he was entitled to a greater amount pursuant to CPLR 4533-a (see Andreani v Feygin, 11 Misc 3d 54, 55 [2006]; ASA of NY, Inc. v Super Dads Auto, Inc., 13 Misc 3d 134[A], 2006 NY Slip Op 52029[U] [2006]). THIS CONSTITUTES THE DECISION AND O......
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Private sector business records
...records, we should draw a distinction between those documents that are generated by the subject business and 27 Andreani v. Feygin , 812 N.Y.S.2d 740, 11 Misc.3d 54 (2006). In an action by a landlord against tenants for damages to an apartment rented pursuant to an oral lease, bills for rep......
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Private sector business records
...and any questions about business manager’s credibility was relevant only to the weight to a൵ord the exhibits. 27 Andreani v. Feygin , 812 N.Y.S.2d 740, 11 Misc.3d 54 (2006). In an action by a landlord against tenants for damages to an apartment rented pursuant to an oral lease, bills for re......
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Private Sector Business Records
...and any questions about business manager’s credibility was relevant only to the weight to afford the exhibits. 27 Andreani v. Feygin , 812 N.Y.S.2d 740, 11 Misc.3d 54 (2006). In an action by a landlord against tenants for damages to an apartment rented pursuant to an oral lease, bills for r......
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Private Sector Business Records
...RECORDS When speaking of bills, invoices, receipts and other common inancial statements and related business 28 Andreani v. Feygin , 812 N.Y.S.2d 740, 11 Misc.3d 54 (2006). In an action by a landlord against tenants for damages to an apartment rented pursuant to an oral lease, bills for rep......