Appellate Division of the Supreme Court of New York, 2011

Kruseck v. Ross

Appellate Division of the Supreme Court of New York · Decided March 15, 2011

82 A.D.3d 939; 918 N.Y.2d 727

Cases that cite this one

14 later published cases cite this decision.

Chery v. Simon (Appellate Division of the Supreme Court of New York 2022)
Hayashi v. Cadet (Appellate Division of the Supreme Court of New York 2021)
Matter of Law Offs. of Michael S. Lamonsoff, PLLC v. Gorayeb & Assoc., P.C. (Appellate Division of the Supreme Court of New York 2025)
Brightside Home Improvements, Inc. v. Northeast Home Improvement Servs. (Appellate Division of the Supreme Court of New York 2022)
Wells Fargo Bank, N.A. v. Bullen (Appellate Division of the Supreme Court of New York 2021)
Taylor v. Birdsong (Appellate Division of the Supreme Court of New York 2018)
Diana v. DeLisa (Appellate Division of the Supreme Court of New York 2017)
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)
Bouchey v. Claxton-Hepburn Medical Center (Appellate Division of the Supreme Court of New York 2014)
Bouchey v. Claxton-Hepburn Medical Center (Appellate Division of the Supreme Court of New York 2014)
Butti v. Butti (Appellate Division of the Supreme Court of New York 2012)
Gorelik v. Gorelik (Appellate Division of the Supreme Court of New York 2011)
Clarke v. Clarke (Appellate Division of the Supreme Court of New York 2011)

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

*940It is the obligation of the appellant to assemble a proper record on appeal, which must include any relevant transcripts of proceedings before the Supreme Court (see Rivera v City of New York, 80 AD3d 595 [2011]; Vandenburg & Feliu, LLP v Interboro Packaging Corp., 70 AD3d 931, 932 [2010]; Marcantonio v Picozzi, 46 AD3d 522, 523 [2007]). Here, the plaintiffs seek review of an order which denied their motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendant and against them on the issue of liability, yet they failed to include the trial transcript in the record on appeal. The record is inadequate to enable this Court to render an informed decision on the merits, and therefore, the appeal must be dismissed (see Schwartz v Schwartz, 73 AD3d 1156, 1156-1157 [2010]; Nakyeoung Seoung v Vicuna, 38 AD3d 734, 735 [2007]; Gerhardt v New York City Tr. Auth., 8 AD3d 427 [2004]; Matison v County of Nassau, 290 AD2d 494, 495 [2002]). Covello, J.E, Lott, Roman and Miller, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.