DARRYL GAITER AND HELEN GAITER PLAINTIFFS RESPONDENTS v. CITY OF BUFFALO BOARD OF EDUCATION AND MARTIN LUTHER KING SCHOOL 39 DEFENDANTS APPELLANTS (2015)

Supreme Court, Appellate Division, Fourth Department.

DARRYL GAITER AND HELEN GAITER, PLAINTIFFS–RESPONDENTS, v. CITY OF BUFFALO BOARD OF EDUCATION AND MARTIN LUTHER KING SCHOOL # 39, DEFENDANTS–APPELLANTS.

CA 13–00767

Decided: February 06, 2015

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

TIMOTHY A. BALL, CORPORATION COUNSEL, BUFFALO (DAVID M. LEE OF COUNSEL), FOR DEFENDANTS–APPELLANTS. LAW OFFICE OF ERIC B. GROSSMAN, WILLIAMSVILLE (ERIC B. GROSSMAN OF COUNSEL), FOR PLAINTIFFS–RESPONDENTS.

MEMORANDUM AND ORDER

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

Memorandum: On appeal from an order awarding damages to plaintiffs in this personal injury action, defendants contend that the award of damages deviates materially from what would be reasonable compensation (see CPLR 5501[c] ). We must dismiss the appeal because defendants failed to include the “partial judgments,” i.e., relevant and necessary documents of the record, in the record on appeal (see Copp v. Ramirez, 62 AD3d 23, 28, lv denied 12 NY3d 711; Desmarat v. Basile, 288 A.D.2d 336, 337; Reiss v. Reiss, 280 A.D.2d 315, 315). In any event, defendants' contention is not preserved for our review (see Homan v. Herzig [appeal No. 2], 55 AD3d 1413, 1413–1414; see also Barnes v. Dellapenta, 111 AD3d 1287, 1288).

Frances E. Cafarell

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network