Legal Opinion

Bishopp v. Cookinham

New York County Courts

Decided May 25, 1959Published

1Opinion of the CourtJohh J. Walsh, J.

This is a motion to dismiss an appeal in a civil action on the ground that the notice of appeal was not filed within 20 days (Justice Court Act, § 428).

*886There is no dispute about the fact that the notice of appeal was not filed within the 20 days allowed by statute.

The courts have demanded a strict adherence to the requirements of section 428 of the Justice Court Act. (Bennett v. Cole, 173 App. Div. 521; Ganges Bros., Inc., v. Specht, 241 App. Div. 737; Ellias v. Thomas Furniture Works, 125 Misc. 683; Kemack v. Coon, 143 Misc. 25; Bieser v. Weiner, 144 Misc. 94; Van Orsdale v. Genesee Val.…

2Cases cited9 opinions

  1. Wait v. . Van AllenNew York Court of Appeals · 1860
  2. Bieser v. WeinerCity of New York Municipal Court · 1932
  3. Van Orsdale v. Genesee Valley Garage, Inc., New York County Courts1934
  4. Bagley v. JenningsNew York Supreme Court · 1890
  5. Bennett v. ColeAppellate Division of the Supreme Court of the State of New York · 1916

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