Leer v. Wormser

Motion is made for an order requiring the defendant to accept service of a notice of appeal. Judgment in favor of defendant was entered December 18, 1906. The plaintiff contends that his time to appeal has not commenced to run, as the notice of entry of judgment was defective. The case relied upon is Tudor v. Ebner, 109 App. Div. 521. In that case, by a divided court, it was held that, when plaintiff was served with % copy of a judgment entitled *456“ Supreme Court, New York County,” and the notice of entry served therewith stated that such judgment had “ been duly entered in the office of the…