American Banana Co. v. Venezolana Internacional de Aviacion S.A.

Motion for leave to appeal to the Court of Appeals from the order of this court, entered January 4, 1979 [67 AD2d 613] reversing an order, Supreme Court, New York County, entered July 26, 1978, which granted summary judgment to defendant and denying said motion for summary judgment, is granted. Appellant served plaintiif with the notice of motion for leave to appeal 31 days after service of notice of entry of our order, after withdrawing its appeal to the Court of Appeals on the advice of the clerk of that court that an appeal did not lie as of right. CPLR 5513 (subd [b]) provides that a…