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Wells v Vasquez (2010 NY Slip Op 50514(U))
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Decided on March 29, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ 570784/09.
Theodore Wells, Plaintiff-Appellant,
against
Juana F. Vasquez, Defendant-Respondent.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered on or about September 8, 2009, after trial, in favor of defendant dismissing the action.
Per Curiam.
Appeal from judgment (Ben R. Barbato, J.), entered on or about September 8, 2009, dismissed, without costs.
Meaningful appellate review of the underlying small claims judgment is precluded in view of the absence of the trial transcript. We thus dismiss the appeal without prejudice to plaintiff's right to pursue the appeal after obtaining the trial transcript, or seeking appropriate relief in Civil Court by way of the reconstruction of the trial testimony or a statement in lieu of the transcript (see CPLR
file:///C|/Users/Peter/Desktop/NY/1/2010_50514.htm[4/21/2013 11:54:07 AM] Wells v Vasquez (2010 NY Slip Op 50514(U))
5525[d]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 29, 2010
file:///C|/Users/Peter/Desktop/NY/1/2010_50514.htm[4/21/2013 11:54:07 AM]

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