712 Realty, LLC v. Poliard, 2024 NY Slip Op 24016 (2024)

Citation: 712 Realty, LLC v. Poliard, 2024 NY Slip Op 24016 (2024)
Parent Document: 712 Realty, LLC v. Poliard, 2024 NY Slip Op 24016 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-01-12
Original Source: https://www.courtlistener.com/opinion/9469043/712-realty-llc-v-poliard/ ↗

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My position is supported by several documents appended by tenant to her brief which were concededly not before the trial court. While it is the general rule that appellate review is limited to the matters presented in the record on appeal (see Khan v State Univ. of NY Health Science Ctr. at Brooklyn, 271 AD2d 656, 657 [2000]), "a narrow exception to the general rule [has been] recognized" (Crawford v Merrill Lynch, Pierce, Fenner & Smith, 35 NY2d 291, 299 [1974]) for matters of public record or other "reliable documents, the existence and accuracy of which are not disputed" (Brandes Meat Corp. v Cromer, 146 AD2d 666, 667 [1989]). The Court of Appeals further instructs that an appellate court may consider incontrovertible documents, [*4]dehors the record, even for purposes of modifying or reversing a judgment where the documents would conclude protracted litigation and relieve the courts of the burden of having to conduct further proceedings (see Crawford v Merrill Lynch, Pierce, Fenner & Smith, 35 NY2d at 299; Brandes Meat Corp. v Cromer, 146 AD2d at 667; see also Matter of DeRosa v Dyster, 90 AD3d 1470, 1474-1475 [2011] [Carni, J., dissenting]). Here, to the extent any of the documents appended to tenant's brief and discussed below are not matters of public record, landlord has not filed an appellate brief in opposition, objected to their consideration or challenged their authenticity or accuracy.

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