Summary
This Appellate Division, Second Department order dismisses an appeal in a legal malpractice action because the appellant failed to compile a complete record on appeal as required by CPLR 5526. The court notes that the missing documents, including the full order appealed from and supporting papers for various motions, rendered meaningful review virtually impossible. Consequently, the appeal is dismissed without costs or disbursements.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed for failure to assemble a complete and proper record as required by CPLR 5526.
Holdings
- The appeal is dismissed because the appellant failed to include the full order and all supporting papers, rendering meaningful review impossible.
Factual background
Azaka S. Lubin, pro se, sued Arnold E. DiJoseph, P.C. for alleged legal malpractice. The trial court denied his motion to compel settlement and granted the defendants' cross‑motion to dismiss the complaint.
Procedural history
The plaintiff appealed the trial‑court order denying his motion to compel settlement and granting the cross‑motion to dismiss. The appellate division reviewed the record and found it incomplete.