Legal Opinion

Quezada v. Mensch Management Inc.

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

Decided November 29, 2011PublishedCited by 7 opinions

1Opinion of the Court

Dismissal of the appeal is warranted because Taveras failed to assemble a proper appellate record. Notably, the order being appealed from explicitly referenced Supreme Court’s reliance upon the affirmation of plaintiffs’ counsel to find that Taveras failed to appear for a court-ordered deposition on March 22, 2010. The attorney’s affirmation was a necessary paper upon which the subject “order was founded” and should have been included in the record (CPLR 5526; Rules of App Div, 1st Dept [22 NYCRR] § 600.10; see Lynch v Consolidated Edison, Inc., 82 AD3d 442 [2011]; UBS Sec. LLC v Red Zone…

2Cases cited4 opinions

  1. Henderson-Jones v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  2. UBS Securities LLC v. Red Zone LLCAppellate Division of the Supreme Court of the State of New York · 2010
  3. Elias v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  4. Lynch v. Consolidated Edison, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

3Cited by7 opinions

  1. Borbon v. PescoranAppellate Division of the Supreme Court of the State of New York · 2013
  2. Board of Mgrs. of the Residential Section of the Plaza Condominium v. FranzeseAppellate Division of the Supreme Court of the State of New York · 2021
  3. Board of Mgrs. of the Residential Section of the Plaza Condominium v. FranzeseAppellate Division of the Supreme Court of the State of New York · 2021
  4. Solovey v. Department of Educ. of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  5. Borbon v. PescoranAppellate Division of the Supreme Court of the State of New York · 2013

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