Pollak v. Port Morris Bank

Notice of the application to the court for leave to appeal was not served, as required by section 591 of the Civil Practice Act, within thirty days after service of the order of the Appellate Division denying leave to appeal. The appellant’s counsel, upon proof that failure to serve the notice was due to inadvertence, induced by circumstances which would tend to excuse the apparent neglect, and that the respondent was not misled or injured by the delay, asks that we disregard the defect in the application or enlarge the time for service of the notice.

This record discloses no question of law…