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Borbon v. Pescoran

Supreme Court of New York, First Department

May 23, 2013

Manuel Borbon, Plaintiff-Appellant,
v.
Juan C. Pescoran, et al., Defendants-Respondents. [And A Third-Party Action]

Manuel Borbon, appellant pro se.

Burke, Gordon & Conway, White Plains (Michael G. Conway of counsel), for White Rose Inc., Juan C. Pescoran, Rose Trucking Corp., Rose Trucking Inc., and Latin Trucking Inc., respondents.

Law Office of Lori D. Fishman, Tarrytown (Christopher C. Caiazzo of counsel), for Marvarino's, Inc., Cookies Childrens Togs, Inc., Sunshine Stores, Inc., and John Doe, respondents.

Gonzalez, P.J., Friedman, Moskowitz, Feinman, JJ.

Appeal from judgment, Supreme Court, Bronx County (Howard R. Silver, J.), entered February 9, 2011, after a jury trial, dismissing the complaint as against defendants Juan C. Pescoran, Latin Trucking Inc., White Rose Inc., Rose Trucking Inc., and Rose Trucking Corp., and bringing up for review an order, same court and Justice, entered January 19, 2011, which denied plaintiff's motion to set aside the jury verdict, unanimously dismissed, without costs, for failure to perfect the appeal in accordance with the CPLR and the rules of this Court. Appeal from the order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The appeal from the judgment is dismissed because plaintiff failed to file a proper appellate record (see CPLR 5526; Rules of App Div, 1st Dept [22 NYCRR] § 600.10[b]; Quezada v Mensch Mgt. Inc., 89 A.D.3d 647 [1st Dept 2011]). "Without the benefit of a proper record, this Court cannot render an informed decision on the merits" (Lynch v Consolidated Edison, Inc., 82 A.D.3d 442 [1st Dept 2011] [internal quotation marks omitted]).


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