Block 6222 Construction Corp. v. Sobhani

Appellate Division of the Supreme Court of New York

Block 6222 Construction Corp. v. Sobhani

84 A.D.3d 1292, 923 N.Y.S.2d 900

Appellate Division of the Supreme Court of the State of New York·Decided May 31, 2011·Published·Cited by 10 cases

Opinion

In an action to recover damages for fraud and unjust enrichment, the defendant appeals from a judgment of the Supreme Court, Richmond County (Pizzuto, J.H.O.), entered April 13, 2010, which, after a nonjury trial, is in favor of the plaintiff and against him in the principal sum of $450,000.

Ordered that the appeal is dismissed, with costs.

“It is the obligation of the appellant to assemble a proper record on appeal, which must contain all of the relevant papers that were before the Supreme Court” (Wen Zong Yu v Hua Fan, 65 AD3d 1335 [2009]; see CPLR 5526; Cohen v Wallace & Minchenberg, 39 AD3d 689 [2007]; Matter of Remy v Mitchell, 60 AD3d 860 [2009]). Since, under the circumstances, the record here is inadequate to enable this Court to render an informed decision on the merits, the appeal must be dismissed (see Emco Tech Constr. Corp. v Pilavas, 68 AD3d 918, 918-919 [2009]; Matter of Allstate Ins. Co. v Vargas, 288 AD2d 309, 310 [2001]). Angiolillo, J.P, Florio, Belen and Roman, JJ., concur.

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In an action to recover damages for fraud and unjust enrichment, the defendant appeals from a judgment of the Supreme Court, Richmond County (Pizzuto, J.H.O.), entered April 13, 2010, which, after a nonjury trial, is in favor of the plaintiff and against him in the principal sum of $450,000.

Ordered that the appeal is dismissed, with costs.

“It is the obligation of the appellant to assemble a proper record on appeal, which must contain all of the relevant papers that were before the Supreme Court” (Wen Zong Yu v Hua Fan, 65 AD3d 1335 [2009]; see CPLR 5526; Cohen v Wallace & Minchenberg, 39 AD3d 689 [2007]; Matter of Remy v Mitchell, 60 AD3d 860 [2009]). Since, under the circumstances, the record here is inadequate to enable this Court to render an informed decision on the merits, the appeal must be dismissed (see Emco Tech Constr. Corp. v Pilavas, 68 AD3d 918, 918-919 [2009]; Matter of Allstate Ins. Co. v Vargas, 288 AD2d 309, 310 [2001]). Angiolillo, J.P, Florio, Belen and Roman, JJ., concur.

Block 6222 Construction Corp. v. Sobhani, 84 A.D.3d 1292, 923 N.Y.S.2d 900 (N.Y. Ct. App. 2011).

Pincite

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Opinion

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