Cohen v. Grossman

Appellate Division of the Supreme Court of New York

Cohen v. Grossman

185 A.D.2d 719

Appellate Division of the Supreme Court of the State of New York·Decided July 14, 1992·Published

Opinion

— Motion to dismiss appeal denied. Memorandum: The time to appeal does not begin to run until the appellant is served with the order or judgment appealed from together with "written notice of its entry” (CPLR 5513 [a]). Defendant Canandaigua National Bank and Trust Company cannot rely upon substantial compliance with the requirement of a written notice of entry by showing that appellant received oral notice. A party seeking to limit the time of his adversary to appeal is held to strict practice (Good v Daland, 119 NY 153, 155-156; Moses v Penney Co., 135 AD2d 1147). Present— Callahan, J. P., Boomer, Green, Fallon and Doerr, JJ. (Entered July 6, 1992.)

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— Motion to dismiss appeal denied. Memorandum: The time to appeal does not begin to run until the appellant is served with the order or judgment appealed from together with "written notice of its entry” (CPLR 5513 [a]). Defendant Canandaigua National Bank and Trust Company cannot rely upon substantial compliance with the requirement of a written notice of entry by showing that appellant received oral notice. A party seeking to limit the time of his adversary to appeal is held to strict practice (Good v Daland, 119 NY 153, 155-156; Moses v Penney Co., 135 AD2d 1147). Present— Callahan, J. P., Boomer, Green, Fallon and Doerr, JJ. (Entered July 6, 1992.)

Cohen v. Grossman, 185 A.D.2d 719 (N.Y. Ct. App. 1992).

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Opinion

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