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Kenan v. Levine & Blit, PLLC

Supreme Court, Appellate Division, First Department, New York.
Feb 18, 2016
136 A.D.3d 554 (N.Y. App. Div. 2016)

Opinion

274 111880/11.

02-18-2016

Shahar KENAN, Plaintiff–Appellant, v. LEVINE & BLIT, PLLC, Defendant–Respondent.

Gary Voskresensky, Ridgewood, for appellant. Levine & Blitt, PLLC, New York (Justin S. Clark of counsel), for respondent.


Gary Voskresensky, Ridgewood, for appellant.

Levine & Blitt, PLLC, New York (Justin S. Clark of counsel), for respondent.

Opinion

Appeal from order, Supreme Court, New York County (Donna M. Mills, J.), entered April 14, 2014, which, to the extent appealed from as limited by the briefs, granted defendant Levine & Blit, PLLC's motion to dismiss the complaint as against individual defendants Matthew J. Blit, Esq. and Les J. Levine, Esq., denied plaintiff's motion for a default judgment, and directed corporate defendant Levine & Blit, PLLC to serve an answer to the complaint within twenty days of service of the order with notice of entry, unanimously dismissed, without costs, for failure to perfect the appeal in accordance with the CPLR and the rules of this Court.

The appendix submitted on this appeal is patently insufficient for the purpose of passing on the contentions raised in the respective briefs, because plaintiff failed to submit the underlying papers including his motion for default judgement, defendant's cross motion and J.H.O. Gammerman's report issued after the February 3, 2014 traverse hearing (see Feigelson v. Allstate Ins. Co., 36 A.D.2d 929, 321 N.Y.S.2d 57 1st Dept.1971; 22 NYCRR 670.10.2[c]1; CPLR 5528[a] ).

Although respondent states in its brief that the appendix was inadequate and it would seek printing costs, plaintiff did not supplement his appendix, even though he is represented by appellate counsel. However, respondent is not entitled to its costs for supplementing the appendix, the supplement failed to cure the deficiencies in the appendix since it did not include J.H.O. Gammerman's report, which was considered by the motion court prior to issuing the order appealed.


Summaries of

Kenan v. Levine & Blit, PLLC

Supreme Court, Appellate Division, First Department, New York.
Feb 18, 2016
136 A.D.3d 554 (N.Y. App. Div. 2016)
Case details for

Kenan v. Levine & Blit, PLLC

Case Details

Full title:Shahar Kenan, Plaintiff-Appellant, v. Levine & Blit, PLLC…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Feb 18, 2016

Citations

136 A.D.3d 554 (N.Y. App. Div. 2016)
25 N.Y.S.3d 195
2016 N.Y. Slip Op. 1246

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