*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1298

CA 13-00767

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ. DARRYL GAITER AND HELEN GAITER,

PLAINTIFFS-RESPONDENTS,

V MEMORANDUM AND ORDER CITY OF BUFFALO BOARD OF EDUCATION AND MARTIN LUTHER KING SCHOOL #39,

DEFENDANTS-APPELLANTS.

TIMOTHY A. BALL, CORPORATION COUNSEL, BUFFALO (DAVID M. LEE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

LAW OFFICE OF ERIC B. GROSSMAN, WILLIAMSVILLE (ERIC B. GROSSMAN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered February 4, 2013. The order awarded plaintiffs money damages after a nonjury trial.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: On appeal from an order awarding damages to plaintiffs in this personal injury action, defendants contend that the award of damages deviates materially from what would be reasonable compensation ( see CPLR 5501 [c]). We must dismiss the appeal because defendants failed to include the “partial judgments,” i.e., relevant and necessary documents of the record, in the record on appeal ( see Copp v Ramirez , 62 AD3d 23, 28, lv denied 12 NY3d 711; Desmarat v Basile , 288 AD2d 336, 337; Reiss v Reiss , 280 AD2d 315, 315). In any event, defendants’ contention is not preserved for our review ( see Homan v Herzig [appeal No. 2], 55 AD3d 1413, 1413-1414; see also Barnes v Dellapenta , 111 AD3d 1287, 1288).

Entered: February 6, 2015 Frances E. Cafarell

Clerk of the Court