| Lynch v Consolidated Edison, Inc. |
| 2011 NY Slip Op 01595 [82 AD3d 442] |
| March 3, 2011 |
| Appellate Division, First Department |
| Denise Lynch et al., Appellants, v Consolidated Edison,Inc., Respondent, et al., Defendant. |
—[*1] Richard W. Babinecz, New York (Helman R. Brook of counsel), for respondent.
Appeal from order, Supreme Court, New York County (Harold B. Beeler, J.), enteredDecember 16, 2009, which denied plaintiffs' motion to set aside the jury's verdict and order anew trial on liability and damages as to defendant Consolidated Edison, Inc. (Con Ed),unanimously dismissed, without costs, for failure to perfect the appeal in accordance with theCPLR and the rules of this Court.
Plaintiff Denise Lynch was injured when she tripped on a defect on a roadway in the area of amanhole cover. Approximately one month before the accident, defendant Nico Asphalt, whichwas hired by Con Ed, repaved the area surrounding the manhole cover. The jury found that thearea surrounding the manhole cover was not in a reasonably safe condition, but that Nico Asphaltwas not negligent in paving the area. Due to the configuration of the verdict sheet, the jury thenconcluded its deliberations without reaching the issue of Con Ed's liability.
The appeal is dismissed because plaintiff failed to assemble a proper record on appeal,including the trial transcript and the minutes of the charge conference (see Sebag v Narvaez, 60 AD3d485 [2009], lv denied 13 NY3d 711 [2009]; CPLR 5526; Rules of App Div, 1st Dept[22 NYCRR] § 600.5). Without the benefit of a proper record, this Court cannot "render aninformed decision on the merits" (Matison v County of Nassau, 290 AD2d 494, 495[2002]). Concur—Mazzarelli, J.P., Acosta, DeGrasse, Richter and Manzanet-Daniels, JJ.