Opinion
2021-50560
06-17-2021
Miguel A. Palacios, Plaintiff-Appellant, v. Wentinda Zinaba, Defendant-Respondent.
PRESENT: McShan, J.P., Brigantti, Hagler, JJ.
PER CURIAM.
Plaintiff, as limited by his brief, appeals from so much of the judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Bianka Perez, J.), entered on or about July 22, 2019 after trial, as limited his recovery to the principal sum of $1,554.80.
Appeal from judgment (Bianka Perez, J.), entered on or about, dismissed, without costs.
"It is the obligation of the appellant to assemble a proper record on appeal" (Babayev v Kreitzman 168 A.D.3d 655 [2019][internal citations omitted]). Plaintiff's failure to submit the relevant exhibits, including the invoice and estimates that were considered by the trial court in assessing damages, precludes this Court from engaging in meaningful and effective appellate review of the damages awarded (see CPLR 5526; Zapata v Yugo J & V, LLC, 183 A.D.3d 956, 960 [2020]). Without a proper record, this Court cannot render an informed decision on the merits (see Lynch v Consolidated Edison, Inc., 82 A.D.3d 442 [2011]) and this appeal must be dismissed (see Strohli v Strohli, 174 A.D.3d 938, 947 [2019]).