Legal Opinion

Emco Tech Construction Corp. v. Pilavas

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

Decided December 15, 2009PublishedCited by 8 opinions

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…

2Cases cited6 opinions

  1. Garnerville Holding Co. v. IMC Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Matison v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2002
  3. Fernald v. VinciAppellate Division of the Supreme Court of the State of New York · 2004
  4. Allstate Insurance v. VargasAppellate Division of the Supreme Court of the State of New York · 2001
  5. Sebag v. NarvaezAppellate Division of the Supreme Court of the State of New York · 2009

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Block 6222 Construction Corp. v. SobhaniAppellate Division of the Supreme Court of the State of New York · 2011
  2. Gurwitz v. FrenchAppellate Division of the Supreme Court of the State of New York · 2011
  3. Matter of LynchAppellate Division of the Supreme Court of the State of New York · 2017
  4. Pratik Apparels, Ltd. v. Shintex Apparel Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  5. In re LynchAppellate Division of the Supreme Court of the State of New York · 2012

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API