Block 6222 Constr. Corp. v Sobhani
2011 NY Slip Op 04614 [84 AD3d 1292]
May 31, 2011
Appellate Division, Second Department
As corrected through Wednesday, July 6, 2011


Block 6222 Construction Corp., Respondent,
v
MouhebatSobhani, Appellant.

[*1]Robert J. Adinolfi, Staten Island, N.Y., for appellant.

John Z. Marangos, Staten Island, N.Y., for respondent.

In an action to recover damages for fraud and unjust enrichment, the defendant appeals froma judgment of the Supreme Court, Richmond County (Pizzuto, J.H.O.), entered April 13, 2010,which, after a nonjury trial, is in favor of the plaintiff and against him in the principal sum of$450,000.

Ordered that the appeal is dismissed, with costs.

"It is the obligation of the appellant to assemble a proper record on appeal, which mustcontain all of the relevant papers that were before the Supreme Court" (Wen Zong Yu v HuaFan, 65 AD3d 1335 [2009]; see CPLR 5526; Cohen v Wallace &Minchenberg, 39 AD3d 689 [2007]; Matter of Remy v Mitchell, 60 AD3d 860[2009]). Since, under the circumstances, the record here is inadequate to enable this Court torender an informed decision on the merits, the appeal must be dismissed (see Emco TechConstr. Corp. v Pilavas, 68 AD3d 918, 918-919 [2009]; Matter of Allstate Ins. Co. vVargas, 288 AD2d 309, 310 [2001]). Angiolillo, J.P., Florio, Belen and Roman, JJ., concur.


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