Salzman v. Mendel
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the City Court of the city of New York denying defendant’s motion to compel plaintiff’s attorney to receive and accept a notice of appeal from a judgment in this action.
1Opinion of the CourtBlanchard, J.
This is an appeal by the defendant from an order denying defendant’s motion to compel the plaintiff’s attorney to receive and accept a notice of appeal from a judgment in this action. The notice of appeal was returned upon *626the ground that it was served after the time to appeal had expired. The defendant seeks relief from the default upon the ground that the notice of entry of judgment, as served upon him, was defective and insufficient to start running the' time within which to appeal. The sole defect relied upon is that, while the judgment is signed “Thomas F. Smith, Clerk,” the copy served…
2Cases cited2 opinions
- Falker v. New York, West Shore & Buffalo Railway Co.New York Court of Appeals · 1885
- Gabay v. DoaneNew York Supreme Court · 1902