Mahunik v. Harris
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Defendants contend that the record of the proceedings at the Village Court of the Village of Port Byron filed with County Court is insufficient to permit meaningful appellate review (see, UJCA 1704 [a]). Defendants, "by failing to resolve any issue of the sufficiency of the record before Justice Court (see, UJCA 1704 [a]), waived any alleged defects (see, Moyle v Bracci, 119 Misc 2d 185, 187)” (Matter of Lightcap v McGroggan, 160 AD2d 1188, 1189). We agree with County Court that nothing in the record suggests "that substantial justice has…
2Cases cited4 opinions
- Blair v. Five Points Shopping Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Lightcap v. McGrogganAppellate Division of the Supreme Court of the State of New York · 1990
- Moyle v. Bracci, New York County Courts1983
- Apfel v. D. A. Bennett, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by1 opinion
- Morse v. BrozzoAppellate Division of the Supreme Court of the State of New York · 2012