Van Nostrand v. Van Nostrand
Appellate Division of the Supreme Court of the State of New York
Appeai by Louisa B. Van Nostrand, individually and as execu trix, etc., from an order of the Supreme Court, made at the Kings County Special Term aud entered in the office of the clerk of the county of Kings on the 28tli day of September, 1907, in so far as such order denied the appellant’s motion to vacate a judgment entered herein on the 31st day of July, 1907, upon an order of the Appellate Division dismissing an appeal from an order.
1Opinion of the Court
Gaynor, J.:
The notice of appeal herein was from an order made by the Special Term of the Supreme Court amending the judgment herein, and entered June 8th, 1889. We dismissed the appeal for the reason that the time to appeal had been limited to 30 days by service of notice of entry of the order in 1889, and also for the reason that there had been no substitution of the heir, devisee or executor (as the case might be) in the case of deceased parties who would be respondents if alive when the notice of appeal was so filed in 1907. A history of the case is given in our opinion (121 App. Div. 262).
2Cases cited3 opinions
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- Stevens v. Central National Bank of BostonNew York Court of Appeals · 1900
- Van Nostrand v. Van NostrandAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Klepper v. Canadian Pacific Railway Co.New York Supreme Court · 1948