Mohssen v. Gonzalez

Summary

The Appellate Division, Second Department dismissed the plaintiff's appeal from an order that, upon reargument, adhered to a prior determination denying the plaintiff's summary judgment motion and granting the defendant's cross-motion to dismiss claims involving trespass and nuisance. The appeal was dismissed because the record omitted many relevant papers, making meaningful appellate review virtually impossible.

Holdings

1. An appeal must be dismissed when omissions from the appellate record render meaningful review of the challenged order virtually impossible.
2. The plaintiff's remaining contentions were not properly before the Court.

Questions Presented

1. Whether the appeal should be dismissed because the appellant failed to provide a complete record containing the relevant papers that were before the Supreme Court.
2. Whether the plaintiff's remaining appellate contentions were properly before the Appellate Division.

Disposition

dismissed