| Gorbea v DeCohen |
| 2014 NY Slip Op 04434 [118 AD3d 548] |
| June 17, 2014 |
| Appellate Division, First Department |
[*1]
| Dionne Gorbea et al., Appellants, v Garthe E.DeCohen et al., Respondents. |
Gregory G. Smith, New York, for appellants.
Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel), for respondents.
Order, Supreme Court, New York County (Carol E. Huff, J.), entered April 9, 2013,which, after a jury trial, denied plaintiffs' motion to set aside the jury verdict and for anew trial under CPLR 4404 (a), unanimously affirmed, without costs.
The court properly denied the motion as defective due to plaintiffs' failure to annexthe trial transcript to their motion. Given the nature of the issues raised on this particularmotion, the absence of a transcript, or relevant portions thereof, precluded a meaningfulreview (see e.g Tesciuba v Cataldo, 189 AD2d 655, 655 [1st Dept 1993];Blechman v New York City Tr. Auth., 2014 NY Slip Op 30716[U] [Sup Ct, NYCounty 2014]; McCarthy v 390Tower Assoc., LLC, 9 Misc 3d 219, 221 [Sup Ct, NY County 2005]; but seeMiller v City of New York, 2013 NY Slip Op 30343[U] [Sup Ct, NY County2013]).
In any event, notwithstanding the claimed evidentiary errors, the two competingversions of the accident were clearly before the jury, and whether viewed singly orcumulatively, the errors claimed, if any, were harmless. Concur—Mazzarelli, J.P.,Friedman, Saxe and Feinman, JJ.