Parslow v. Great Atlantic & Pacific Tea Co.
This text of 73 A.D.2d 730 (Parslow v. Great Atlantic & Pacific Tea 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
to dismiss appeal as untimely taken denied, without costs. Since the copy of the order of Special Term served on appellants’ attorney on August 22, 1979 failed to indicate the date of the order, it was defective in a material respect and therefore its service was ineffective to commence appellants’ time to appeal (see CPLR 2219, subd [a]; 5513, subd [a]; 10 Carmody-Wait 2d, NY Prac, § 70:115). Mahoney, P. J., Sweeney, Kane, Main and Mikoll, JJ., concur.
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Cite This Page — Counsel Stack
73 A.D.2d 730, 1979 N.Y. App. Div. LEXIS 14602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parslow-v-great-atlantic-pacific-tea-co-nyappdiv-1979.