Appellate Division of the Supreme Court of New York, 2001

Lowry v. Suffolk County Water Authority

Appellate Division of the Supreme Court of New York · Decided October 15, 2001

287 A.D.2d 551; 731 N.Y.S.2d 658; 2001 N.Y. App. Div. LEXIS 9560

Cases that cite this one

13 later published cases cite this decision.

Matison v. County of Nassau (Appellate Division of the Supreme Court of New York 2002)
Sultan v. Sultan (Appellate Division of the Supreme Court of New York 2002)
Garnerville Holding Co. v. IMC Management, Inc. (Appellate Division of the Supreme Court of New York 2002)
Desmarat v. Basile (Appellate Division of the Supreme Court of New York 2001)
Aguiar-Consolo v. City of New York (Appellate Division of the Supreme Court of New York 2014)
Aguiar-Consolo v. City of New York (Appellate Division of the Supreme Court of New York 2014)
Blaylock v. State (Appellate Division of the Supreme Court of New York 2014)
Blaylock v. State (Appellate Division of the Supreme Court of New York 2014)
Smith v. Imagery Media, LLC (Appellate Division of the Supreme Court of New York 2012)
Hazell v. State (Appellate Division of the Supreme Court of New York 2011)
Schwartz v. Schwartz (Appellate Division of the Supreme Court of New York 2010)
Kaplan v. Miranda (Appellate Division of the Supreme Court of New York 2007)
Whyte v. Destra (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Hall, J.), dated July 10, 2000, which denied their motion pursuant to CPLR 4404 to set aside a jury verdict in favor of the defendant as a matter of law or as against the weight of the evidence.

Ordered that the appeal is dismissed, with costs.

*552An appellant who perfects an appeal by filing a record must include, inter alia, any transcripts of the proceedings and any relevant exhibits (see, CPLR 5526). The appellants seek review of an interlocutory order which denied their motion pursuant to CPLR 4404 to set aside a jury verdict in favor of the defendant. Accordingly, the record should have included the trial transcript and any other exhibits introduced at trial. Since the appellants failed to submit a record that would enable this Court to render an informed decision on the merits, the appeal must be dismissed (see, Riverso v Allstate Ins. Co., 282 AD2d 663; E.P. Reynolds, Inc. v Nager Elec. Co., 17 NY2d 51, 54; Patel v Patel, 270 AD2d 241; Lo Gerfo v Lo Gerfo, 30 AD2d 156, 157). O’Brien, J. P., S. Miller, McGinity, Schmidt and Townes, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.