Kubin v. Miller
City of New York Municipal Court
Appeal from special term. Action by Isaac Kubin against Miller Bros. & Co. Judgment for plaintiff. Motion to vacate the judgment by Alexander B. Smith, as receiver for defendants, was denied. From an order denying the receiver’s motion to compel acceptance of his notice of appeal, he appeals. Reversed.
1Opinion of the CourtConlan, J.
This is an appeal taken by the receiver of the defendant from an order denying the receiver’s motion to accept the service of a notice of appeal from an order previously entered. The motion was made by the receiver to vacate the judgment against the defendant, and, this motion being denied, an order was entered, a copy of which was served upon the attorneys for the receiver. This order was subsequently modified nunc pro tune as of the date of original. entry, and the entry and service of a copy as modified were made by the attorneys for the receiver; but no copy, with notice of entry, was…
2Cases cited1 opinion
- Livingston v. New York Elevated RailroadNew York Supreme Court · 1891