6222 v. Mouhebat Sobhani, appellant.

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Supreme Court, Appellate Division, Second Department, New York.

Block 6222 Construction Corp., respondent, v. Mouhebat Sobhani, appellant.

2010–04623 (Index No. 102594/05)

Decided: May 31, 2011

DANIEL D. ANGIOLILLO, J.P. ANITA R. FLORIO ARIEL E. BELEN SHERI S. ROMAN, JJ. Robert J. Adinolfi, Staten Island, N.Y., for appellant. John Z. Marangos, Staten Island, N.Y., for respondent.

Argued—May 10, 2011


In an action to recover damages for fraud and unjust enrichment, the defendant appeals from a judgment of the Supreme Court, Richmond County (Pizzuto, J.H.O.), entered April 13, 2010, which, after a nonjury trial, is in favor of the plaintiff and against him in the principal sum of $450,000.

ORDERED that the appeal is dismissed, with costs.

“It is the obligation of the appellant to assemble a proper record on appeal, which must contain all of the relevant papers that were before the Supreme Court” (Wen Zong Yu v. Hua Fan, 65 AD3d 1335, 1335;  see CPLR 5526;  Cohen v. Wallace & Minchenberg, 39 AD3d 689;  Matter of Remy v. Mitchell, 60 AD3d 860).   Since, under the circumstances, the record here is inadequate to enable this Court to render an informed decision on the merits, the appeal must be dismissed (see Emco Tech Constr.   Corp. v. Pilavas, 68 AD3d 918, 918–919;  Matter of Allstate Ins. Co. v. Vargas, 288 A.D.2d 309, 310).



Matthew G. Kiernan

Clerk of the Court

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