| Bouchey v Claxton-Hepburn Med. Ctr. |
| 2014 NY Slip Op 03316 [117 AD3d 1216] |
| May 8, 2014 |
| Appellate Division, Third Department |
[*1]
| Susan Bouchey et al., Appellants, v Claxton-HepburnMedical Center, Respondent. |
Poissant, Nichols, Grue, & Vanier, PC, Malone (Stephen A. Vanier of counsel),for appellants.
Burke, Scolamiero, Mortati & Hurd, LLP, Albany (Judith B. Aumand ofcounsel), for respondent.
Lahtinen, J. Appeal from an order of the Supreme Court (Demarest, J.), enteredDecember 6, 2012 in St. Lawrence County, which denied plaintiffs' motion to set aside averdict in favor of defendant.
Plaintiff Susan Bouchey (hereinafter plaintiff) and her husband, derivatively, broughtthis action alleging that plaintiff sustained injuries during a mammogram at defendanthospital. Following a bifurcated trial on liability, a jury found that defendant haddeparted from accepted medical care during the mammogram. However, the jury furtherdetermined that such departure was not a proximate cause of plaintiff's injuries, resultingin a verdict dismissing the action. Plaintiffs moved pursuant to CPLR 4404 (a) forSupreme Court to set aside the verdict and direct either judgment in their favor or a newtrial. Supreme Court denied the motion and this appeal ensued.
The appeal must be dismissed because plaintiffs failed to submit an adequate record.A record on appeal is fatally deficient if this Court is unable to render an informeddecision on the merits because the record lacks relevant documents and transcripts of theproceedings held before the trial court (see Matter of Christopher RR. v St. Lawrence County Dept. ofSocial Servs., 113 AD3d 899, 899 [2014]; Matter of Pratt v Anthony, 30 AD3d 708, 708 [2006]).Plaintiffs seek review of an "order which denied [their] motion pursuant to CPLR 4404to set aside a jury verdict in favor of . . . defendant, and therefore, the recordshould have included the full trial [*2]transcript"(Matison v County of Nassau, 290 AD2d 494, 495 [2002]; see Kruseck v Ross, 82 AD3d939, 940 [2011]; Lynch vConsolidated Edison, Inc., 82 AD3d 442, 442 [2011]). Plaintiffs did not includethe majority of the transcript from this multi-day trial. The record contains only plaintiff'stestimony and the jury instructions. Such is insufficient to review their claim thatSupreme Court erred in denying their CPLR 4404 motion.
Peters, P.J., McCarthy and Garry, JJ., concur. Ordered that the appeal is dismissed,with costs.