Legal Opinion

Barie v. Lavine

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 1974PublishedCited by 1 opinion

1Opinion of the Court

Motion to dismiss appeal of respondent Fahey as untimely taken, granted, without costs. The notice of entry contained in petitioner’s letter of June 28, 1974, which accompanied the judgment sought to be appealed, was sufficient to satisfy the requirement of CPLR 5513 (subd. [a]) (S. Gremona, & Go. v. Dell, 6 A D 2d 719, mot. for lv. to app. dsmd. 5 NY 2d 843). Herlihy, P. J., Greenblott, Cooke, Main and Reynolds, JJ., concur. [78 Misc 2d 815.]

2Cases cited2 opinions

  1. S. Cremona & Co. v. DellNew York Court of Appeals · 1958
  2. Barie v. LavineNew York Supreme Court · 1974

3Cited by1 opinion

  1. Colony Liquor Distributors, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1975