Benjamin v. Brownstein
Appellate Terms of the Supreme Court of New York
Action by Ephraim Benjamin and another against Daniel J. Brown-stein and others. Judgment for the plaintiffs and defendants appeal. On motion by plaintiffs to dismiss the appeal, and motion by defendants to compel plaintiffs’ attorney to accept the notice of appeal. Motion to dismiss denied, and motion to direct acceptance of the notice of appeal granted.
1Per curiam
There are two motions made in this action—one by the plaintiffs for an order dismissing the appeal taken by defendants from a judgment in favor of the plaintiffs upon the ground that the notice of appeal was not served in time, and one by defendants for an order compelling the plaintiffs’ attorneys to accept the notice ofi appeal.
[1] The motion to dismiss the appeal must be denied. The_ copy of the judgment served upon the defendants was so defective in several material respects as to be ineffectual to limit by its service the defendants’ time in which to appeal, and the decision of the lower…
2Cases cited6 opinions
- Ziadi v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Gersman v. LevyAppellate Division of the Supreme Court of the State of New York · 1908
- Gersman v. LevyAppellate Terms of the Supreme Court of New York · 1908
- In re the Summary Proceedings by Phillips v. HoganAppellate Division of the Supreme Court of the State of New York · 1911
- Musica v. Di MarcoAppellate Terms of the Supreme Court of New York · 1911
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