Riverso v. Allstate Ins. Co.

• Decision Date: 23 April 2001
• Citation: 723 N.Y.S.2d 413
• Parties: (A.D. 2 Dept. 2001) Ralph Riverso, respondent, v Allstate Insurance Company, appellant. 2000-06292 : SECOND JUDICIAL DEPARTMENT
• Court: New York Supreme Court — Appellate Division

Page 413

723 N.Y.S.2d 413 (A.D. 2 Dept. 2001)

Ralph Riverso, respondent, v Allstate Insurance Company, appellant.

2000-06292

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

April 23, 2001

Voute, Lohrfink, Magro & Collins, LLP, White Plains, N.Y. (Catherine F. Gale of counsel), for appellant.

Walter J. Sakowski, P.C., New City, N.Y., for respondent.

In an action to recover the proceeds of an insurance policy, the defendant appeals from a judgment of the Supreme Court, Rockland County (Dillon, J.), dated April 3, 2000, which, upon an order of the same court (Murphy, J.), dated May 11, 1999, granting the plaintiffs motion pursuant to CPLR 4404 to set aside the jury verdict and for judgment in his favor as a matter of law, is in favor of the plaintiff and against it in the principal sum of $15,000.

ORDERED that the appeal is dismissed, with costs to the respondent.

An appellant who perfects an appeal by filing a record must include "any relevant exhibits" (CPLR 5526). On this appeal, the appellant sought review of an interlocutory order which granted the plaintiff's motion pursuant to CPLR 4404 to set aside a jury verdict in its favor. Accordingly, the record should have included "the papers and other exhibits upon which" the order was founded (CPLR 5526).

The appellant also failed to include in the record any of the exhibits which were introduced in evidence at the trial. Since the appellant failed to submit a record that would enable the court to render an informed decision on the merits, the appeal must be dismissed (see, Lo Gerfo v Lo Gerfo, 30 A.D.2d 156, 157; see also, E.P. Reynolds, Inc. v Nager Elec. Co., 17 N.Y.2d 51, 54; Patel v Patel, 270 A.D.2d 241).

SANTUCCI, J.P., GOLDSTEIN, FLORIO and SCHMIDT, JJ., concur.