Practice point: Using the appendix method, the appellants sought review of an order denying their
joint motion pursuant to CPLR 4404(a) to set aside a jury
verdict. However, as the appendix did not include the full trial transcript, the Appellate Division could not render an informed decision on the merits and the appeal was dismissed.
Student note: An appellant who perfects an appeal using the appendix method must
file an appendix that contains all those portions of the record
necessary for the court to fully consider the issues which will be
raised by the appellant and the respondent, pursuant to 22 NYCRR 670.10-b[c][1] and CPLR 5528[a][5].
Case: Aguilar-Consolo v. City of New York, NY Slip Op 00312 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: Plaintiff's wrongdoing as it affects a legal malpractice claim.
