Gaffney v. Gaffney
Cases that cite this one
42 later published cases cite this decision. The 25 that cite it most often are listed here.
- Bing v. Myrtle 6, LLC (Appellate Division of the Supreme Court of New York 2024)
- Barretti v. Solucorp Industries, Ltd. (Appellate Division of the Supreme Court of New York 2013)
- Barretti v. Solucorp Industries, Ltd. (Appellate Division of the Supreme Court of New York 2013)
- House of Spices (India), Inc. v. SMJ Services, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Coello v. Gonzalez (Appellate Division of the Supreme Court of New York 2012)
- Coello v. Gonzalez (Appellate Division of the Supreme Court of New York 2012)
- Babayev v. Kreitzman (Appellate Division of the Supreme Court of New York 2019)
- Taylor v. Taylor (Appellate Division of the Supreme Court of New York 2014)
- Lopez v. Ridgewood Bushwick Homesteading Assistance Hous. Dev. Fund Corp. (Appellate Division of the Supreme Court of New York 2026)
- Greenberg v. Frier & Levitt, LLC (Appellate Division of the Supreme Court of New York 2025)
- Matter of Loreti v. Lorcress Enters., Inc. (Appellate Division of the Supreme Court of New York 2025)
- N.J.L v. C.A.L (New York Supreme Court, Nassau County 2024)
- N.J.L v. C.A.L (New York Supreme Court, Nassau County 2024)
- Javaherforoush v. Hawkins (Appellate Division of the Supreme Court of New York 2024)
- 126 Henry St., Inc. v. Cater (Appellate Division of the Supreme Court of New York 2021)
- Reyes v. Eleftheria Rest. Corp. (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)
- S., CHRISTOPHER D., MTR. OF (Appellate Division of the Supreme Court of New York 2016)
- S. Nicolia & Sons Realty Corp. v. A.J.A. Concrete Ready Mix, Inc. (Appellate Division of the Supreme Court of New York 2015)
- S. Nicolia & Sons Realty Corp. v. A.J.A. Concrete Ready Mix, Inc. (Appellate Division of the Supreme Court of New York 2015)
- LOPEZ, WILFREDO v. LUGO, JENNIFER (Appellate Division of the Supreme Court of New York 2014)
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 pursuant to RPAPL 1501 (4) to cancel and discharge a mortgage, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Dorsa, J.), dated June 9, 2005, which granted the plaintiffs motion for summary judgment and directed that the subject mortgage be canceled and discharged.
Ordered that the appeal is dismissed, without costs or disbursements.
It is the obligation of the appellant to assemble a proper record on appeal (see Fernald v Vinci, 13 AD3d 333 [2004]; Gerhardt v New York City Tr. Auth., 8 AD3d 427 [2004]; Garnerville Holding Co. v IMC Mgt., 299 AD2d 450 [2002]; Matison v County of Nassau, 290 AD2d 494 [2002]; Desmarat v Basile, 288 AD2d 336 [2001]; Singh v Getty Petroleum Corp., 275 AD2d 740 [2000]). An appellant’s record on appeal must contain all of the relevant papers before the Supreme Court (see CPLR 5526; Fernald v Vinci, supra; Riverso v Allstate Ins. Co., 282 AD2d 663 [2001]). The appellant did not fulfill this obligation.
The plaintiffs motion for summary judgment consisted of an attorney affirmation and two exhibits: papers filed by her in February 2005 supporting a motion for summary judgment and a filing receipt for the note of issue. The attorney affirmation stated only that the plaintiff was resubmitting the February 2005 motion for summary judgment and explained that the Supreme Court had declined to consider that motion because the note of issue had not been filed when it was submitted. However, the record on appeal does not contain the exhibit consisting of the February 2005 motion papers.
Since the appellant failed to submit a record that would enable this Court to render an informed decision on the merits, the appeal must be dismissed (see Fernald v Vinci, supra;
Case-law data current through December 31, 2025. Source: CourtListener bulk data.