Cuevas v. BMW of Manhattan, Inc.

• Decision Date: 10 May 2017
• Docket Number: No. 570762/16.,570762/16.
• Citation: 57 N.Y.S.3d 674 (Table)
• Parties: Julio CUEVAS, Plaintiff–Appellant, v. BMW OF MANHATTAN, INC., Defendant–Respondent.
• Court: New York Supreme Court — Appellate Term

57 N.Y.S.3d 674 (Table)

Julio CUEVAS, Plaintiff–Appellant,
v.
BMW OF MANHATTAN, INC., Defendant–Respondent.

No. 570762/16.

Supreme Court, Appellate Term, First Department, New York.

May 10, 2017.

PER CURIAM.

Judgment (Anthony Cannataro, J.), entered July 31, 2015, reversed, without costs, complaint reinstated, and matter remanded for a new inquest.

The sparse record now before us does not permit meaningful appellate review of the issues presented, including whether the court properly dismissed plaintiff's breach of contract action after inquest. In addition, the trial court's ruling did not set forth the ultimate or essential facts relied upon in reaching its decision. Under these circumstances, we remand the matter for a new inquest and issuance of a decision in conformity with the specificity requirements of CPLR 4213(b) (see Nunez v. Bardwil, 145 AD3d 909, 910 [2016], lv dismissed 29 NY3d 931 [2017] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur