Alesi v. City of New York

Appellate Division of the Supreme Court of New York

Alesi v. City of New York

6 A.D.2d 779, 178 N.Y.S.2d 599, 1958 N.Y. App. Div. LEXIS 5581

Appellate Division of the Supreme Court of the State of New York·Decided June 12, 1958·Published·Cited by 1 cases

Opinion

Motion to compel acceptance of the notice of appeal served December 27, 1957 granted, without costs. The copy of the judgment served was defective in that the page of the judgment containing the dismissals of the cross complaints was missing. Thus, technically, there was never any effective service upon the City of New York of a copy of the judgment as required by section 612 of the Civil Practice Act (Kelly v. Sheehan, 76 N. Y. 325; Anthony v. Schofield, 265 App. Div. 423). Concur—Botein, P. J., Breitel, Rabin, M. M. Frank and Bastow, JJ.

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Motion to compel acceptance of the notice of appeal served December 27, 1957 granted, without costs. The copy of the judgment served was defective in that the page of the judgment containing the dismissals of the cross complaints was missing. Thus, technically, there was never any effective service upon the City of New York of a copy of the judgment as required by section 612 of the Civil Practice Act (Kelly v. Sheehan, 76 N. Y. 325; Anthony v. Schofield, 265 App. Div. 423). Concur—Botein, P. J., Breitel, Rabin, M. M. Frank and Bastow, JJ.

Alesi v. City of New York, 6 A.D.2d 779, 178 N.Y.S.2d 599, 1958 N.Y. App. Div. LEXIS 5581 (N.Y. Ct. App. 1958).

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