| Global Med. Equip., Inc. a/a/o Adrien Alexandra v Geico Gen. Ins. Co. |
| Motion No: 2006-01540 KC |
| Slip Opinion No: 2007 NYSlipOp 76737(U) |
| Decided on August 27, 2007 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| GLOBAL MEDICAL EQUIPMENT, INC. a/a/o ADRIEN ALEXANDRA, Respondent, -against- GEICO GENERAL INS. CO., Appellant. |
DECISION
On the court's own motion, the matter is stricken from the General Calendar.
It appears that the record does not contain all the papers which were considered by the court below (see CCA 1704 [b]). The order refers to and quotes from an affidavit of plaintiff's president. Said affidavit is not contained in the record. We note that plaintiff's notice of motion for summary judgment does not recite that said affidavit is included in the moving papers. Moreover, defendant's attorney argued in opposition, inter alia, that the motion papers merely contained plaintiff's attorney's affirmation and lacked an affidavit by anyone with personal knowledge.
In view of the foregoing, the court below shall transmit to this court a record which it certifies to be complete.