January 17, 2013

Appellate practice.

Practice point: It is the obligation of the appellant to assemble a proper record on appeal. An appellant's record must contain all of the relevant papers that were before the Supreme Court, pursuant to CPLR 5526.

Student note: Here, the record on appeal was inadequate. The appellants failed to include the order to show cause by which they moved to vacate the subject foreign judgment and any of the other related papers, including affirmations in support of and in opposition to the motion. These omissions rendered meaningful appellate review of the Supreme Court's determination virtually impossible.

Case: Barretti v. Solucorp Indus., Ltd.., NY Slip Op 00054 (2d Dept. 2013).


Tomorrow’s issue: An account stated.