EMCO TECH CONSTRUCTION CORP. v. PILAVAS

2008-08899

68 A.D.3d 918 (2009)

2009 NY Slip Op 9422

892 N.Y.S.2d 426

EMCO TECH CONSTRUCTION CORP., Respondent, v. ANTHONY PILAVAS et al., Appellants, et al., Defendants.

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

Decided December 15, 2009.


Ordered that the appeal is dismissed, with costs.

The defendants Anthony Pilavas and Stoneytown Development, LLC (hereinafter the appellants), failed to include the papers in support of, and in opposition to, the plaintiff's posttrial motion pursuant to CPLR 4404 (b) in the record on appeal.

It is the appellants' obligation to assemble a proper record on appeal (see CPLR 5526; 22 NYCRR 670.10-b [b]; Sebag v Narvaez, 60 A.D.3d...

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