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JARED B. GOLDSTEIN, pl-res, v. UNCLE SAM'S NEW YORK LLC, UNCLE SAM'S USA HOLDINGS LLC, def, UNCLE SAM'S TOURS INC., app

13-333 JARED B. GOLDSTEIN, pl-res, v. UNCLE SAM'S NEW YORK LLC, UNCLE SAM'S USA HOLDINGS LLC, def, UNCLE SAM'S TOURS INC., app — Appeal from order (Nancy M. Bannon, J.), entered April 16, 2013, deemed an appeal from the ensuing judgment (same court and Judge), entered on or about May 10, 2012, and so considered (see CPLR 5520 [c]), judgment reversed, without costs, and matter remanded for further proceedings consistent with this decision.

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13-333 JARED B. GOLDSTEIN, pl-res, v. UNCLE SAM’S NEW YORK LLC, UNCLE SAM’S USA HOLDINGS LLC, def, UNCLE SAM’S TOURS INC., app — Appeal from order (Nancy M. Bannon, J.), entered April 16, 2013, deemed an appeal from the ensuing judgment (same court and Judge), entered on or about May 10, 2012, and so considered (see CPLR 5520 [c]), judgment reversed, without costs, and matter remanded for further proceedings consistent with this decision.

Following the trial of this small claims matter, judgment was awarded in favor of plaintiff against the sole party defendant, an entity named as Uncle Sam’s New York, LLC. When Plaintiff’s enforcement efforts proved unsuccessful, he moved to amend the judgment to name an additional entity, Uncle Sam’s USA Holdings LLC, as a judgment debtor. The grant of that initial amendment motion by plaintiff is not the subject of this appeal. Plaintiff thereafter once again moved to amend the judgment, this time to substitute two additional entities as party defendants, including appellant Uncle Sam’s Tours Inc. In the order appealed from, Civil Court granted plaintiff’s second amendment motion based on unspecified proof said to have been presented at the untranscribed oral argument of the motion.

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