MOMENTUM AUTOMOTIVE MGT., LLC v. RADIUM2 CAPITAL, INC.

486 CA 19-02362.

195 A.D.3d 1436 (2021)

145 N.Y.S.3d 452

2021 NY Slip Op 03714

Momentum Automotive Management, LLC, et al., Appellants, et al., Petitioners, v. Radium2 Capital, Inc., Respondent.

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

Decided June 11, 2021.


Attorney(s) appearing for the Case

LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO ( THOMAS J. GAFFNEY OF COUNSEL), FOR PETITIONERS-APPELLANTS.

STEIN ADLER DABAH & ZELKOWITZ LLP, NEW YORK CITY ( CHRISTOPHER R. MURRAY OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, Lindley and DeJoseph, JJ.


It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioners-appellants (petitioners) appeal from an order that, inter alia, dismissed their petition without prejudice based on the doctrine of forum non conveniens. On appeal, petitioners contend that Supreme Court erred in sua sponte dismissing the petition based on forum non conveniens. We conclude that the appeal must be dismissed. "`It is incumbent upon an appellant to assemble...

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