Gaiter v. City of Buffalo Board of Education

Appellate Division of the Supreme Court of New York

Gaiter v. City of Buffalo Board of Education

125 A.D.3d 1388, 999 N.Y.S.2d 786

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

DecidedFebruary 6, 2015

StatusPublished

This text of 125 A.D.3d 1388 (Gaiter v. City of Buffalo Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gaiter v. City of Buffalo Board of Education, 125 A.D.3d 1388, 999 N.Y.S.2d 786 (N.Y. Ct. App. 2015).

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Opinion

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered February 4, 2013. The order awarded plaintiffs money damages after a nonjury trial.

It is hereby ordered that said appeal is unanimously dismissed without costs.

[1389]*1389Memorandum: On appeal from an order awarding damages to plaintiffs in this personal injury action, defendants contend that the award of damages deviates materially from what would be reasonable compensation (see CPLR 5501 [c]). We must dismiss the appeal because defendants failed to include the “partial judgments,” i.e., relevant and necessary documents of the record, in the record on appeal (see Copp v Ramirez, 62 AD3d 23, 28 [2009], lv denied 12 NY3d 711 [2009]; Desmarat v Basile, 288 AD2d 336, 337 [2001]; Reiss v Reiss, 280 AD2d 315, 315 [2001]). In any event, defendants’ contention is not preserved for our review (see Homan v Herzig [appeal No. 2], 55 AD3d 1413, 1413-1414 [2008]; see also Barnes v Dellapenta, 111 AD3d 1287, 1288 [2013]). Present — Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.

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Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered February 4, 2013. The order awarded plaintiffs money damages after a nonjury trial.

It is hereby ordered that said appeal is unanimously dismissed without costs.

[1389]*1389Memorandum: On appeal from an order awarding damages to plaintiffs in this personal injury action, defendants contend that the award of damages deviates materially from what would be reasonable compensation (see CPLR 5501 [c]). We must dismiss the appeal because defendants failed to include the “partial judgments,” i.e., relevant and necessary documents of the record, in the record on appeal (see Copp v Ramirez, 62 AD3d 23, 28 [2009], lv denied 12 NY3d 711 [2009]; Desmarat v Basile, 288 AD2d 336, 337 [2001]; Reiss v Reiss, 280 AD2d 315, 315 [2001]). In any event, defendants’ contention is not preserved for our review (see Homan v Herzig [appeal No. 2], 55 AD3d 1413, 1413-1414 [2008]; see also Barnes v Dellapenta, 111 AD3d 1287, 1288 [2013]). Present — Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.

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Bluebook (online)

125 A.D.3d 1388, 999 N.Y.S.2d 786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaiter-v-city-of-buffalo-board-of-education-nyappdiv-2015.

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