FINK v. AL SAR REALTY CORP 2870 (2019)

MEMORANDUM AND ORDER

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

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking to recover damages for injuries that he sustained when he fell from a ladder while attempting to access an HVAC unit on the roof of a building allegedly owned by defendants. Supreme Court granted plaintiff's motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240(1), denied those parts of defendants' cross motion seeking summary judgment dismissing the Labor Law §§ 240(1) and 241(6) claims, and granted those parts of defendants' cross motion seeking summary judgment dismissing the Labor Law § 200 claim and the common-law negligence causes of action. Defendants appeal.

“It is the obligation of the appellant to assemble a proper record on appeal. The record must contain all of the relevant papers that were before the Supreme Court” (Singh v. Getty Petroleum Corp., 275 A.D.2d 740, 740, 713 N.Y.S.2d 490 [2d Dept. 2000]; see CPLR 5526; Mergl v. Mergl, 19 A.D.3d 1146, 1147, 796 N.Y.S.2d 823 [4th Dept. 2005]). Here, defendants' appeal must be dismissed based on defendants' failure to provide an adequate record, including the failure to include the operative complaint, i.e., the amended complaint filed on July 3, 2017, which defendants seek to dismiss in their cross motion (see generally Mergl, 19 A.D.3d at 1147, 796 N.Y.S.2d 823).