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NINTH SPACE LLC v. GOLDMAN

Index No. 655957/17. Appeal No. 12746N. Case No. 2020-02122.

189 A.D.3d 686 (2020)

134 N.Y.S.3d 718

2020 NY Slip Op 08005

Ninth Space LLC et al., Respondents, v. James Goldman et al., Defendants, and Dining Entertainment Group LLC, Appellant.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

Paul F. Condzal , New York, for appellant.

Dewey Pegno & Kramarsky LLP, New York ( Anders W. Pauley of counsel), for respondents.

Concur—Webber, J.P., Mazzarelli, Gesmer, Moulton, González, JJ.

Preliminarily, we note that the record on appeal from an interlocutory judgment or order must include, among other things, "the transcript, if any" (CPLR 5526). This includes the transcripts of oral argument on motions (see Kai Lin v Strong Health, 82 A.D.3d 1585, 1586 [4th Dept 2011], lv dismissed in part, denied in part 17 N.Y.3d 899 [2011]). Failure to assemble a proper record, including...

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