From Casetext: Smarter Legal Research

Riverso v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 2001
282 A.D.2d 663 (N.Y. App. Div. 2001)

Opinion

April 9, 2001.

April 23, 2001.

In an action to recover the proceeds of an insurance policy, the defendant appeals from a judgment of the Supreme Court, Rockland County (Dillon, J.), dated April 3, 2000, which, upon an order of the same court (Murphy, J.), dated May 11, 1999, granting the plaintiff's motion pursuant to CPLR 4404 to set aside the jury verdict and for judgment in his favor as a matter of law, is in favor of the plaintiff and against it in the principal sum of $15,000.

Vouté, Lohrfink, Magro Collins, LLP, White Plains, N Y (Catherine F. Gale of counsel), for appellant.

Walter J. Sakowski, P.C., New City, N.Y., for respondent.

Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, with costs to the respondent.

An appellant who perfects an appeal by filing a record must include "any relevant exhibits" (CPLR 5526). On this appeal, the appellant sought review of an interlocutory order which granted the plaintiff's motion pursuant to CPLR 4404 to set aside a jury verdict in its favor. Accordingly, the record should have included "the papers and other exhibits upon which" the order was founded (CPLR 5526).

The appellant also failed to include in the record any of the exhibits which were introduced in evidence at the trial. Since the appellant failed to submit a record that would enable the court to render an informed decision on the merits, the appeal must be dismissed (see, Lo Gerfo v. Lo Gerfo, 30 A.D.2d 156, 157; see also, E.P. Reynolds, Inc. v. Nager Elec. Co., 17 N.Y.2d 51, 54; Patel v. Patel, 270 A.D.2d 241).


Summaries of

Riverso v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 2001
282 A.D.2d 663 (N.Y. App. Div. 2001)
Case details for

Riverso v. Allstate Insurance Company

Case Details

Full title:RALPH RIVERSO, RESPONDENT v. ALLSTATE INSURANCE COMPANY, APPELLANT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 23, 2001

Citations

282 A.D.2d 663 (N.Y. App. Div. 2001)
723 N.Y.S.2d 413

Citing Cases

Sultan v. Sultan

ORDERED that the appeal is dismissed, without costs or disbursements. "It is the obligation of the appellant…

Lowry v. Suffolk County Water Authority

Accordingly, the record should have included the trial transcript and any other exhibits introduced at trial.…