Garnerville Holding Co. v. IMC Management, Inc.
Cases that cite this one
40 later published cases cite this decision. The 25 that cite it most often are listed here.
- Castoria v. Bracker (Appellate Division of the Supreme Court of New York 2025)
- 126 Henry St., Inc. v. Cater (Appellate Division of the Supreme Court of New York 2021)
- Bousson v. Bousson (Appellate Division of the Supreme Court of New York 2016)
- Embro v. Smith (Appellate Division of the Supreme Court of New York 2009)
- Lomtevas v. Hamblin (Appellate Division of the Supreme Court of New York 2026)
- Fitzpatrick v. CSS Indus., Inc. (Appellate Division of the Supreme Court of New York 2025)
- Greenberg v. Frier & Levitt, LLC (Appellate Division of the Supreme Court of New York 2025)
- Lubin v. Arnold E. DiJoseph, P.C. (Appellate Division of the Supreme Court of New York 2025)
- Bing v. Myrtle 6, LLC (Appellate Division of the Supreme Court of New York 2024)
- JPMorgan Chase Bank, N.A. v. Gluck (Appellate Division of the Supreme Court of New York 2021)
- Babayev v. Kreitzman (Appellate Division of the Supreme Court of New York 2019)
- Roberts v. Roberts (Appellate Division of the Supreme Court of New York 2018)
- Reyes v. Eleftheria Rest. Corp. (Appellate Division of the Supreme Court of New York 2018)
- U.S. Bank N.A. v. Cope (Appellate Division of the Supreme Court of New York 2018)
- P.B. 7, LLC v. 231 Fourth Ave. Lyceum, LLC (Appellate Division of the Supreme Court of New York 2018)
- Deutsche Bank National Trust Co. v. Hounnou (Appellate Division of the Supreme Court of New York 2017)
- Ciafone v. Jobs for NY, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Avraham v. Avraham (Appellate Division of the Supreme Court of New York 2017)
- Ghatani v. AGH Realty, LLC (Appellate Division of the Supreme Court of New York 2016)
- Matter of Diamond v. Lichaw (Appellate Division of the Supreme Court of New York 2016)
- May v. Freeman (Appellate Division of the Supreme Court of New York 2016)
- Aurora Industries, Inc. v. Halwani (Appellate Division of the Supreme Court of New York 2013)
- Aurora Industries, Inc. v. Halwani (Appellate Division of the Supreme Court of New York 2013)
- Waterside Estates at Cresthaven Homeowners Ass'n, Inc. v. Ciafone (Appellate Division of the Supreme Court of New York 2013)
- Waterside Estates at Cresthaven Homeowners Ass'n, Inc. v. Ciafone (Appellate Division of the Supreme Court of New York 2013)
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, inter alia, to recover damages for breach of a commercial lease, the defendant Lawrence Peska appeals from a judgment of the Supreme Court, Rockland County (Carey, J.), dated September 10, 2001, which, after a nonjury trial, is in favor of the plaintiff and against him in the principal sum of $40,117.89.
Ordered that the appeal is dismissed, with costs.
The judgment appealed from was rendered after a nonjury trial. The appellant, however, has failed to provide this Court with a copy of the transcript of the trial (see 22 NYCRR 670.9 [b] [1]).
“It is the obligation of the appellant to assemble a proper record on appeal” (Sultan v Sultan, 295 AD2d 498 [internal quotation marks omitted]; Matison v County of Nassau, 290 AD2d 494; Singh v Getty Petroleum Corp., 275 AD2d 740). An appellant’s record on appeal “must contain all of the relevant papers before the Supreme Court, including the transcript, if any, of the proceedings” (Whyte v Destra, 298 AD2d 384; see Desmarat v Basile, 288 AD2d 336; Matison v County of Nassau, supra; Lowry v Suffolk County Water Auth., 287 AD2d 551). An appellant’s failure to provide a necessary transcript or pertinent exhibits inhibits the court’s ability to render an informed decision on the merits of the appeal (Matter of Allstate Ins. Co. v Vargas, 288 AD2d 309; Riverso v Allstate Ins. Co., 282 AD2d 663; Svoboda v Svoboda, 275 AD2d 742). Appeals that are not based upon complete and proper records must be dismissed (see Matison v County of Nassau, supra; Desmarat v Basile, supra; Lowry v Suffolk Co. Water Auth., supra; Riverso v Allstate Ins. Co., supra; Matter of Zaikowski v
Without a trial transcript, we are unable to determine whether the Supreme Court awarded the plaintiff damages in excess of those recoverable from the breach in controversy, as opposed to the period of an earlier breach that was the subject of prior litigation. Additionally, we cannot determine whether the Supreme Court properly pierced the corporate veil of any of the corporate defendants to impose liability against the individual defendant. Thus, this appeal must be dismissed. Ritter, J.P., Florio, S. Miller and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.