GAITER, DARRYL v. CITY OF BUFFALO BOARD OF EDUCATION

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 20, 2014
• Docket: CA 13-02095
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

776 CA 13-02095 PRESENT: SMITH, J.P., FAHEY, PERADOTTO, AND VALENTINO, JJ.

DARRYL GAITER AND HELEN GAITER, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS,

V MEMORANDUM AND ORDER

CITY OF BUFFALO BOARD OF EDUCATION AND MARTIN LUTHER KING SCHOOL #39, DEFENDANTS-RESPONDENTS.

LAW OFFICE OF ERIC B. GROSSMAN, WILLIAMSVILLE (ERIC B. GROSSMAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered February 4, 2013 in a personal injury action. The order awarded plaintiffs monetary damages.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order entered after a nonjury trial, plaintiffs contend that the verdict sheet failed to include an award for past medical expenses despite a stipulation of the parties to the inclusion of such an award in a specified amount. We are unable to determine the merits of plaintiffs’ contention inasmuch as the 28-page record on appeal does not contain sufficient information to enable us to determine whether there was an enforceable stipulation and, if so, whether plaintiffs requested that the verdict sheet contain the alleged stipulated sum for past medical expenses. Plaintiffs, as the appellants, must suffer the consequences of having submitted an incomplete record (see Matter of Rodriguez v Ward, 43 AD3d 640, 641).

Entered: June 20, 2014 Frances E. Cafarell Clerk of the Court