Opinion
2014-06-20
Darryl GAITER and Helen Gaiter, Individually and as Husband and Wife, Plaintiffs–Appellants, v. CITY OF BUFFALO BOARD OF EDUCATION and Martin Luther King School # 39, Defendants–Respondents.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered February 4, 2013 in a personal injury action. The order awarded plaintiffs monetary damages.
Law Office of Eric B. Grossman, Williamsville (Eric B. Grossman of Counsel), for Plaintiffs–Appellants.
MEMORANDUM:
On appeal from an order entered after a nonjury trial, plaintiffs contend that the verdict sheet failed to include an award for past medical expenses despite a stipulation of the parties to the inclusion of such an award in a specified amount. We are unable to determine the merits of plaintiffs' contention inasmuch as the 28–page record on appeal does not contain sufficient information to enable us to determine whether there was an enforceable stipulation and, if so, whether plaintiffs requested that the verdict sheet contain the alleged stipulated sum for past medical expenses. Plaintiffs, as the appellants, must suffer the consequences of having submitted an incomplete record ( see Matter of Rodriguez v. Ward, 43 A.D.3d 640, 641, 842 N.Y.S.2d 622).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. SMITH, J.P., FAHEY, PERADOTTO, and VALENTINO, JJ., concur.