Emco Tech Construction Corp. v. Pilavas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendants Anthony Pilavas and Stoneytown Development, LLC (hereinafter the appellants), failed to include the papers in support of, and in opposition to, the plaintiffs post-trial motion pursuant to CPLR 4404 (b) in the record on appeal.
It is the appellants’ obligation to assemble a proper record on appeal (see CPLR 5526; 22 NYCRR 670.10-b [b]; Sebag v Narvaez, 60 AD3d 485 [2009]). The appellants’ reliance on CPLR 5528 is misplaced, as they did not utilize the appendix method when perfecting their appeal. In the present case, the record was inadequate because if failed to include all of…
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