CAN’T DISMISS WITHOUT “FINDINGS OF FACT”
When K. commenced a small claims case against Bay Ridge Nissan, he alleged that the latter failed to pay all costs associated with the lease termination of K’s vehicle – such that he received charges for “a disposition fee, the rental fee for a month remaining on the previous lease, and a sum for damage to the vehicle.”
While the Kings County Civil Court ultimately ended up siding with the car dealer and dismissed the case, the judge failed to offer any “findings of fact.”
According to New York law, a trial judge is required to provide “the facts it deems essential" for its determination. Since the failure to do so was reversible error, the AT2 vacated the dismissal and sent the matter back to the court below for a new trial.
Talk about trial and error ….
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