R. W. Baylor Co. v. Rasby Realty, Inc.

Appellate Division of the Supreme Court of New York

R. W. Baylor Co. v. Rasby Realty, Inc.

24 A.D.2d 876, 264 N.Y.S.2d 393, 1965 N.Y. App. Div. LEXIS 3064

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

DecidedNovember 8, 1965

StatusPublished

This text of 24 A.D.2d 876 (R. W. Baylor Co. v. Rasby Realty, Inc.) 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

R. W. Baylor Co. v. Rasby Realty, Inc., 24 A.D.2d 876, 264 N.Y.S.2d 393, 1965 N.Y. App. Div. LEXIS 3064 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action to foreclose a mechanic’s lien, defendant Rasby Realty, Inc., apeals from a judgment of the Supreme Court, Richmond County, entered June 3, 1964, in favor of plaintiff R. W. Baylor Co., Inc. Said judgment confirmed the report of a Referee appointed to hear and report. Judgment affirmed, without costs. In support of its sole argument that the Referee’s findings were contrary to the weight of allegedly uneontroverted evidence, appellant’s brief set forth a detailed factual argument in which it referred only to the hearing transcript. Appellant failed to provide in its appendix any part of the testimony taken before the Referee (cf. CPLR 5528). We are therefore constrained to affirm the judgment (E. P. Reynolds, Inc. v. Nager Elec. Co., 21 A D 2d 306; Perry v. Tauro, 21 A D 2d 804; Di Francesco v. Di Francesco, 23 A D 2d 740). Christ, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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In an action to foreclose a mechanic’s lien, defendant Rasby Realty, Inc., apeals from a judgment of the Supreme Court, Richmond County, entered June 3, 1964, in favor of plaintiff R. W. Baylor Co., Inc. Said judgment confirmed the report of a Referee appointed to hear and report. Judgment affirmed, without costs. In support of its sole argument that the Referee’s findings were contrary to the weight of allegedly uneontroverted evidence, appellant’s brief set forth a detailed factual argument in which it referred only to the hearing transcript. Appellant failed to provide in its appendix any part of the testimony taken before the Referee (cf. CPLR 5528). We are therefore constrained to affirm the judgment (E. P. Reynolds, Inc. v. Nager Elec. Co., 21 A D 2d 306; Perry v. Tauro, 21 A D 2d 804; Di Francesco v. Di Francesco, 23 A D 2d 740). Christ, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

24 A.D.2d 876, 264 N.Y.S.2d 393, 1965 N.Y. App. Div. LEXIS 3064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-w-baylor-co-v-rasby-realty-inc-nyappdiv-1965.