PALACIOS v. ZINABA (2021)

Supreme Court, Appellate Term, New York,

Miguel A. PALACIOS, Plaintiff-Appellant, v. Wentinda ZINABA, Defendant-Respondent.

570028 /21

Decided: June 17, 2021

PRESENT: McShan, J.P., Brigantti, Hagler, JJ.

Appeal from judgment (Bianka Perez, J.), entered on or about July 22, 2019, dismissed, without costs.

“It is the obligation of the appellant to assemble a proper record on appeal” (Babayev v Kreitzman 168 AD3d 655 [2019][internal citations omitted]). Plaintiff's failure to submit the relevant exhibits, including the invoice and estimates that were considered by the trial court in assessing damages, precludes this Court from engaging in meaningful and effective appellate review of the damages awarded (see CPLR 5526; Zapata v Yugo J & V, LLC, 183 AD3d 956, 960 [2020]). Without a proper record, this Court cannot render an informed decision on the merits (see Lynch v Consolidated Edison, Inc., 82 AD3d 442 [2011]) and this appeal must be dismissed (see Strohli v Strohli, 174 AD3d 938, 947 [2019]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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