Bax v. Harnett

Defendants made timely service of a notice of appeal from a judgment of the Niagara Falls City Court entered by Judge Thomas B. Lee on April 15,1957. However, they failed to perfect the appeal by timely payment of costs as required by section 430 of the Justice Court Act.

Since an appeal was taken by service of notice within 20 days pursuant to section 428 of said act, the County Court has jurisdiction under section 433 to permit in its discretion, perfecting of the appeal and amendment of the notice of appeal. (Desabrais v. Aikens, 283 App. Div. 909.)

Defendants cross-move for permission to…