Harvey v. City of New York

Appellate Division of the Supreme Court of New York

Harvey v. City of New York

21 A.D.2d 970, 1964 N.Y. App. Div. LEXIS 3166

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 29, 1964

StatusPublished

This text of 21 A.D.2d 970 (Harvey v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harvey v. City of New York, 21 A.D.2d 970, 1964 N.Y. App. Div. LEXIS 3166 (N.Y. Ct. App. 1964).

Pincite

Opinion

Appellant having died during the pendency of the appeal, respondent’s motion to dismiss the appeal is treated as made under CPLR 1021, and is disposed of as follows: Respondent is directed to serve appellant’s widow with a copy of the order entered on this memorandum, with notice of entry. The appeal shall be dismissed unless within 60 days after the date of such service a motion for substitution is made by appellant’s representatives. Upon failure to prosecute the appeal diligently after substitution, an application will be entertained to dismiss the appeal for failure to prosecute. Concur •— Botein, P. J., Breitel, Valente, McNally and Stevens, JJ.

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Appellant having died during the pendency of the appeal, respondent’s motion to dismiss the appeal is treated as made under CPLR 1021, and is disposed of as follows: Respondent is directed to serve appellant’s widow with a copy of the order entered on this memorandum, with notice of entry. The appeal shall be dismissed unless within 60 days after the date of such service a motion for substitution is made by appellant’s representatives. Upon failure to prosecute the appeal diligently after substitution, an application will be entertained to dismiss the appeal for failure to prosecute. Concur •— Botein, P. J., Breitel, Valente, McNally and Stevens, JJ.

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Bluebook (online)

21 A.D.2d 970, 1964 N.Y. App. Div. LEXIS 3166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harvey-v-city-of-new-york-nyappdiv-1964.