Plaintiff's failure to include some relevant documents in the record on appeal does not preclude a meaningful review. Plaintiff's arguments are based largely on prior decisions issued by the motion court. Moreover, the record contains the notice of appeal, the order appealed from, the initial motion for summary judgment and the amended notice of motion, and the documents submitted in support of those motions.
Ann Arbor Group, LLC vs. Gherardi, NY Slip Op 06399 (1st Dep't October 29, 2026)
Defendant's argument that plaintiff failed to comply with CPLR 3215(g)(4)(i) because a second copy of the summons and complaint were not served by plaintiff at defendant's last known address is improperly raised for the first time on appeal, and the Appellate Division declines to review it.
Whitaker vs. 1975-1983 Jerome Ave. Corp., NY Slip Op 06398 (1st Dep't Oktober 29, 2026)
