Sobel v. Sobel

After the time limited for the taking of an appeal from the final judgment had expired, defendant, who had theretofore served a timely notice of appeal from that judgment, moved for leave to amend that notice of appeal nunc pro tunc, by inserting therein the statement that the appellant intended to bring up for review an intermediate order which had denied, more than one *99year theretofore, his motion for judgment on the pleadings. The learned Special Term has allowed this amendment under sections 580, 105 and 107 of the Civil Practice Act.

The court was without power to exercise this discretion…