Trial Court Must Reconstruct Portion of Record Found Inaudible by Appeals Court

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that she was a nontraditional family member who had succession rights to the apartment. The trial court ruled for occupant, and landlord appealed. In preparing the trial court record for review by the appellate court, it was discovered that a transcript for a portion of the trial didn't exist because the recording for one day's proceedings had been corrupted and was inaudible. The appellate court ruled that it couldn't decide the appeal without first holding a reconstruction hearing in connection with that portion of the trial. So landlord's appeal would be held open while the case was sent back to Civil Court for a reconstruction hearing for the untranscribed portion of the trial record.

6914 Ridge Blvd., LLC v. Delao: Index Nos. 2020-544, 2020-692, 2022 NY Slip Op 50365(U)(App. T. 2 Dept.; 5/6/22; Aliotta, PJ, Weston, Buggs, JJ)