Gaiter v. City of Buffalo Bd. of Educ.

• Decision Date: 06 February 2015
• Citation: 2015 N.Y. Slip Op. 01084,999 N.Y.S.2d 786 (Mem),125 A.D.3d 1388
• Parties: Darryl GAITER and Helen Gaiter, Plaintiffs–Respondents, v. CITY OF BUFFALO BOARD OF EDUCATION and Martin Luther King School # 39, Defendants–Appellants.
• Court: New York Supreme Court — Appellate Division

125 A.D.3d 1388

999 N.Y.S.2d 786 (Mem)

2015 N.Y. Slip Op. 01084

Darryl GAITER and Helen Gaiter, Plaintiffs–Respondents

v.CITY OF BUFFALO BOARD OF EDUCATION and Martin Luther King School # 39, Defendants–Appellants.

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

Feb. 6, 2015.

Timothy A. Ball, Corporation Counsel, Buffalo (David M. Lee of Counsel), for Defendants–Appellants.

Law Office of Eric B. Grossman, Williamsville (Eric B. Grossman of Counsel), for Plaintiffs–Respondents.

OpinionMEMORANDUM:

On appeal from an order awarding damages to plaintiffs in this personal injury action, defendants contend that the award of damages deviates materially from what would be reasonable compensation (see CPLR 5501[c] ). We must dismiss the appeal because defendants failed to include the “partial judgments,” i.e., relevant and necessary documents of the record, in the record on appeal (see Copp v. Ramirez, 62 A.D.3d 23, 28, 874 N.Y.S.2d 52, lv. denied 12 N.Y.3d 711, 2009 WL 1543926 ; Desmarat v. Basile, 288 A.D.2d 336, 337, 734 N.Y.S.2d 461 ; Reiss v. Reiss, 280 A.D.2d 315, 315, 719 N.Y.S.2d 861 ). In any event, defendants' contention is not preserved for our review (see Homan v. Herzig [Appeal No. 2], 55 A.D.3d 1413, 1413–1414, 865 N.Y.S.2d 189; see also Barnes v. Dellapenta, 111 A.D.3d 1287, 1288, 974 N.Y.S.2d 707 ).

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, and WHALEN, JJ., concur.