Legal Opinion
Fazio v. Costco Wholesale Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 2011PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Paul G. Feinman, J.), entered October 21, 2010, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
We reject plaintiffs’ contention that the appeal is untimely because defendant filed its notice of appeal 32 days after it was served electronically with notice of the entry of the order (see CPLR 5513 [a]). A New York State Court Electronic Filing (NYSCEF) site confirmation shows the date on which the order with notice of entry was filed electronically and e-mail notifications were sent to…
2Cases cited9 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Argenio v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
- Aetna Casualty & Surety Co. v. BarileAppellate Division of the Supreme Court of the State of New York · 1982
- George v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by5 opinions
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- Molinari v. 167 Housing Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Molinari v. 167 Housing Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Sampson v. Sarah Lawrence CollegeDistrict Court, S.D. New York · 2021
- Wongsing v. Wal-Mart Real Estate Business TrustDistrict Court, S.D. New York · 2021