Coello v. Gonzalez
Cases that cite this one
5 later published cases cite this decision.
- Zapata v. Yugo J & V, LLC (Appellate Division of the Supreme Court of New York 2020)
- Babayev v. Kreitzman (Appellate Division of the Supreme Court of New York 2019)
- 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)
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 breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated May 9, 2011, which denied her motion for summary judgment on the complaint.
Ordered that the appeal is dismissed, with costs.
“It is the obligation of the appellant to assemble a proper record on appeal” (Gaffney v Gaffney, 29 AD3d 857, 857 [2006]; see Civil v Tae Hwa Sim, 65 AD3d 1074 [2009]; Fernald v Vinci, 13 AD3d 333 [2004]). An appellant’s record on appeal must contain all of the relevant papers that were before the Supreme Court (see CPLR 5526; Cohen v Wallace & Minchenberg, 39 AD3d 689 [2007]; Gaffney v Gaffney, 29 AD3d 857 [2006]; Fernald v Vinci, 13 AD3d 333 [2004]).
Here, the record is inadequate. The appellant failed to include all of the relevant documents that were before the Supreme Court, omitting, inter alia, the papers submitted by the defendant to the Supreme Court in opposition to her motion for summary judgment on the complaint. These omissions have rendered meaningful appellate review of the Supreme Court’s
Case-law data current through December 31, 2025. Source: CourtListener bulk data.