New York Appellate Division Dismisses Appeal, Upholding Summary Judgment Victory

We successfully defended against the plaintiff’s appeal in the Appellate Division, Second Department. The appeal challenged an order that adhered to a prior ruling by the Supreme Court, Westchester County, which had granted the defendant’s motion for summary judgment, dismissing the complaint. In our brief, we argued that the appeal should be dismissed due to the plaintiff’s failure to assemble a proper record on appeal. The plaintiff omitted critical documents relied upon by the motion court, including submissions supporting and opposing the defendant’s motion. At oral argument, we persuasively presented the case before a panel of four justices. The Appellate Division ruled in favor of the defendant, dismissing the appeal without reaching the merits. The court reaffirmed that it is the appellant’s responsibility to provide a complete record containing all relevant materials from the lower court. The plaintiff’s failure to do so, the court held, made meaningful appellate review impossible. The decision was unanimous, and no further appeal is available—securing a decisive victory for our client.