Fish v City of New York (2008 NY Slip Op 01104)

Fish v City of New York

2008 NY Slip Op 01104 [48 AD3d 412]

February 5, 2008

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 16, 2008

Constance Fish, Appellant, and Kenneth Fish, Plaintiff,
v
City of New York et al., Respondents.

—[*1] Gregory G. Smith, New York, N.Y. , for appellant and plaintiff.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel; Steven Seidenfeld on the brief), for respondents.

In an action to recover damages for personal injuries, etc., the plaintiff Constance Fish appeals from a judgment of the Supreme Court, Kings County (Schneier, J.), dated October 23, 2006, which, upon the granting of the defendants' application in limine to preclude her engineering expert from testifying and to dismiss the complaint, is in favor of the defendants and against her dismissing the complaint.

Ordered that the appeal is dismissed, with costs.

The appellant has failed to provide an adequate record for the Court to review. Accordingly, we dismiss the appeal (see CPLR 5526; 22 NYCRR 670.10-b [b]). Rivera, J.P., Ritter, Lifson and Carni, JJ., concur.