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QUEZADA v. MENSCH MANAGMENT INC.

6192N, 350516/08.

89 A.D.3d 647 (2011)

933 N.Y.S.2d 276

2011 NY Slip Op 8658

ELIZA QUEZADA et al., Respondents, v. MENSCH MANAGEMENT INC., Defendant, and JULIO TAVERAS, Appellant.

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

Decided November 29, 2011.

Dismissal of the appeal is warranted because Taveras failed to assemble a proper appellate record. Notably, the order being appealed from explicitly referenced Supreme Court's reliance upon the affirmation of plaintiffs' counsel to find that Taveras failed to appear for a court-ordered deposition on March 22, 2010. The attorney's affirmation was a necessary paper upon which the subject "order was founded" and should have been included in the record (CPLR 5526; Rules of App...

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