Falker v. New York, West Shore & Buffalo Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made May 5, 1885, which denied plaintiff’s motion to dismiss defendants’ appeal from judgment entered herein. The motion to dismiss was made upon the ground that the notice of appeal was not served within sixty days after service of notice of judgment and copy thereof. Defendants claim the notice to be defective and insufficient to limit the time to appeal.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made May 5, 1885, which denied plaintiff’s motion to dismiss defendants’ appeal from judgment entered herein. The motion to dismiss was made upon the ground that the notice of appeal was not served within sixty days after service of notice of judgment and copy thereof. Defendants claim the notice to be defective and insufficient to limit the time to appeal. The material facts are stated in the opinion. An appeal to the General Term “must be taken within thirty days after service upon the appellant’s…
1Opinion of the CourtRapallo, J.
We think the notice of entry of judgment complied with rule 2, which provides that “ all papers served or filed must be indorsed or subscribed with the name of the attorney or attorneys, and his or their office address or place of business.” The notice was signed by the plaintiff’s attorneys and was indorsed upon the copy judgment served therewith. The whole paper was indorsed with the names of the plaintiff’s attorneys and their office address. The rule does not require that the office address be stated more than once upon the same paper or set of papers.
The other objection stated is that…
2Cited by5 opinions
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