Harnett v. Westcott
The Superior Court of New York City
This case comes before the court (1) on a motion made by the plaintiff to dismiss defendant’s appeal from the judgment, on the ground that at the time of the service of the notice of appeal the defendant’s time to appeal from the judgment had expired, and (-2) on plaintiff’s appeal from an order staying all proceedings to enforce the judgment until after the determination o.f defendant’s appeal which was from the judgment, and an order denying defendant’s motion for a new…
Read the full summary
This case comes before the court (1) on a motion made by the plaintiff to dismiss defendant’s appeal from the judgment, on the ground that at the time of the service of the notice of appeal the defendant’s time to appeal from the judgment had expired, and (-2) on plaintiff’s appeal from an order staying all proceedings to enforce the judgment until after the determination o.f defendant’s appeal which was from the judgment, and an order denying defendant’s motion for a new trial. The plaintiff’s right to have defendant’s appeal from the judgment dismissed on the ground that it was not taken in…
1Opinion of the Court
By the Court.—Freedman, J. (after stating the facts as above)
Upon these facts it is clear that, if the notice of entry of judgment so served with a copy of the judgment was a sufficient notice, the defendant’s time *132to appeal from the judgment expired April 23, and the service of the notice of appeal on May 4, was too late so far as the judgment is concerned.
■ The defendant insists, however, that the notice of entry of judgment was insufficient because it did not contain the office and posboffice address of plaintiff’s attorney, as required by rule 2 of the rules • of the Courts, and upon this…
2Cases cited2 opinions
- Kelly v. . SheehanNew York Court of Appeals · 1879
- Falker v. New York, West Shore & Buffalo Railway Co.New York Court of Appeals · 1885