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Lowry v. Suffolk County Water Authority

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 2001
287 A.D.2d 551 (N.Y. App. Div. 2001)

Opinion

Submitted September 26, 2001.

October 15, 2001.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Hall, J.), dated July 10, 2000, which denied their motion pursuant to CPLR 4404 to set aside a jury verdict in favor of the defendant as a matter of law or as against the weight of the evidence.

Ahern Ahern, Kings Park, N.Y. (Dennis P. Ahern of counsel), for appellants.

Fiedelman McGaw, Jericho, N.Y. (James K. O'Sullivan of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, with costs.

An appellant who perfects an appeal by filing a record must include, inter alia, any transcripts of the proceedings and any relevant exhibits (see, CPLR 5526). The appellants seek review of an interlocutory order which denied their motion pursuant to CPLR 4404 to set aside a jury verdict in favor of the defendant. Accordingly, the record should have included the trial transcript and any other exhibits introduced at trial. Since the appellants failed to submit a record that would enable this court to render an informed decision on the merits, the appeal must be dismissed (see, Riverso v. Allstate Ins. Co., 282 A.D.2d 663; E.P. Reynolds, Inc. v. Nager Elec. Co., 17 N.Y.2d 51, 54; Patel v. Patel, 270 A.D.2d 241; Lo Gerfo v. Lo Gerfo, 30 A.D.2d 156, 157).

O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.


Summaries of

Lowry v. Suffolk County Water Authority

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 2001
287 A.D.2d 551 (N.Y. App. Div. 2001)
Case details for

Lowry v. Suffolk County Water Authority

Case Details

Full title:SUSAN A. LOWRY, ET AL., appellants, v. SUFFOLK COUNTY WATER AUTHORITY…

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

Date published: Oct 15, 2001

Citations

287 A.D.2d 551 (N.Y. App. Div. 2001)
731 N.Y.S.2d 658

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