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CASTELLOE v. FONG

Index No. 312174/11. Appeal No. 15627. Case No. 2021-02040.

203 A.D.3d 654 (2022)

165 N.Y.S.3d 68

2022 NY Slip Op 02190

Molly Castelloe, Appellant, v. Laurence Fong, Respondent.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Schwartz Sladkus Reich Greenberg, New York ( Barry Abbott of counsel), for appellant.

Aronson Mayefsky & Sloan, LLP, New York ( Allan E. Mayefsky of counsel), for respondent.

Concur—Gische, J.P., Oing, Scarpulla, Shulman, Higgitt,

Initially, we find that the record on appeal is sufficient to permit review of the merits of the appeal (see Sanacore v Sanacore, 74 A.D.3d 1468, 1469 [3d Dept 2010]). In any event, we overlook plaintiff's technical failure to include the transcript of the court's decision from the bench in the record and take judicial notice of the electronically filed transcript (see Ninth Space LLC v Goldman, 189 A.D.3d...

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