Ho v Star Contrs., Inc., 2024 NY Slip Op 02755 [227 AD3d 525]

May 16, 2024

Appellate Division, First Department

[*1]

Edward J. Ho et al., Appellants,

v

Star Contractors, Inc., Also Known as Five Star Euro Construction Corp., et al., Respondents.

Law Offices of Dean T. Cho, LLC, Forrest Hills (Dean T. Cho of counsel), for appellants.

Tarter Krinsky & Drogin LLP, New York (David H. Wander of counsel), for respondents.

Appeal from order, Supreme Court, New York County (Melissa A. Crane, J.), entered on or about June 16, 2023, which, to the extent appealed from as limited by the briefs, denied plaintiffs’ motion to dismiss the counterclaim for breach of contract, unanimously dismissed, without costs, as perfected on an incomplete record.

Plaintiffs appeal the court’s decision, which denied their motion to dismiss the counterclaim for breach of contract. The order stated that the motion was being denied for the reasons stated on the record at oral argument. However, plaintiffs have not annexed the transcript of the oral argument as part of the record on appeal, and without being able to review the transcript, we cannot consider the appeal ( see Barsoum v Stellar Mgt. Inc. , 215 AD3d 564 , 565 [1st Dept 2023]). Concur—Webber, J.P., Kern, Shulman, Rodriguez, Pitt-Burke, JJ..