Chang Yang wanted to buy an egg delivery business and gave Myung and Jae Chon an $84,082.14 downpayment.
When the deal faltered, Yang was forced to sue for the return of his deposit.
After the Richmond County Civil Court found in Yang's favor, the Chons appealed and the Appellate Term, Second Department, reversed on technical grounds.
Apparently, parts of the taped trial record were "virtually incomprehensible." Because the reporter couldn't understand what the witnesses were saying, or who was speaking, there were over 600 omissions in the case's transcript. (Moreover, an "unknown amount of testimony" was lost when the court changed the tapes.)
Since the AT2 wasn't able to decide the appeal based on the record presented, a new trial was ordered and the use of a court reporter--rather than a recording of the testimony--was recommended.
One can scramble eggs...but not a transcript.
To view a copy of the Appellate Term's Decision, please use this link: Chang Yeol Yang v. A & C Egg Distribs., Inc.