Legal Opinion

Gorbea v. DeCohen

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 2014PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Carol E. Huff, J.), entered April 9, 2013, which, *549after a jury trial, denied plaintiffs’ motion to set aside the jury verdict and for a new trial under CPLR 4404 (a), unanimously affirmed, without costs.

The court properly denied the motion as defective due to plaintiffs’ failure to annex the trial transcript to their motion. Given the nature of the issues raised on this particular motion, the absence of a transcript, or relevant portions thereof, precluded a meaningful review (see e.g Tesciuba v Cataldo, 189 AD2d 655, 655 [1st Dept 1993]; Blechman v New…

2Cases cited2 opinions

  1. Tesciuba v. CataldoAppellate Division of the Supreme Court of the State of New York · 1993
  2. McCarthy v. 390 Tower Associates, LLCNew York Supreme Court · 2005

3Cited by2 opinions

  1. McPherson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  2. Frank v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2018

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