Moses v. J. C. Penney Co.
This text of 135 A.D.2d 1147 (Moses v. J. C. Penney Co.) 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.
Opinion
— Motion to dismiss appeal on ground notice of appeal not timely filed or served denied. Memorandum: A party seeking to limit the right of his adversary to appeal is held to strict practice (People ex rel. Manhattan Stor. & Warehouse Co. v Lilly, 299 NY 281; Good v Daland, 119 NY 153). Since respondent did not serve the order appealed from on appellant’s attorney of record, the motion to dismiss the appeal as untimely taken is denied. Present — Dillon, "P. J:, Denman, Boomer, Pine and Lawton, JJ.
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Cite This Page — Counsel Stack
135 A.D.2d 1147, 523 N.Y.S.2d 328, 1987 N.Y. App. Div. LEXIS 53029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moses-v-j-c-penney-co-nyappdiv-1987.