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Appellate Division, Second Department Dismisses Appeal Based on Inadequate Record

By Matthew Lerner

Let the recent decision in Civil v. Tae Hwa Sim serve as a warning.  In this appeal, the Appellate Division, Second Department dismissed the appeal based on an inadequate record on appeal.  The appellant based its motion to intervene, in large part, on an arbitration decision that was submitted to Supreme Court as an exhibit to the appellant's motion papers and the plaintiff's opposition papers.  The appellant failed to included the arbitration decision in the record on appeal.

Full post as published by New York Civil Law on September 22, 2009 (boomark / email).