Reinfeld v. 325 West End Corp.

Appellate Division of the Supreme Court of New York

Reinfeld v. 325 West End Corp.

43 A.D.2d 671, 350 N.Y.S.2d 140, 1973 N.Y. App. Div. LEXIS 2994

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

DecidedDecember 4, 1973

StatusPublished

Cited by1 cases

This text of 43 A.D.2d 671 (Reinfeld v. 325 West End Corp.) 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

Reinfeld v. 325 West End Corp., 43 A.D.2d 671, 350 N.Y.S.2d 140, 1973 N.Y. App. Div. LEXIS 2994 (N.Y. Ct. App. 1973).

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Opinion

Appeal from order, Supreme Court, New York County', entered April 26, 1973, unanimously dismissed as untimely, without costs and without disbursements. The notice of appeal was filed more than 30 days after service of a copy of the order appealed from, with notice of entry. A motion to dismiss was granted unless the appeal was perfected for a stated term and it was so perfected. However, that time limitation (CPLR 5513,-subd. [a]) could not thereby be waived. (See 7 Weinstein-Korn-Miller, N. Y., Civ. Prac., par. 5513.02.) Nor does this situation fall within any of the exceptions set forth in CPLR 5514, 5520, or 1022. If we did not dismiss, we would affirm on the merits. Concur —Markewich, J. P., Nunez, Kupferman, Lane and Capozzoli, JJ.

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Appeal from order, Supreme Court, New York County', entered April 26, 1973, unanimously dismissed as untimely, without costs and without disbursements. The notice of appeal was filed more than 30 days after service of a copy of the order appealed from, with notice of entry. A motion to dismiss was granted unless the appeal was perfected for a stated term and it was so perfected. However, that time limitation (CPLR 5513,-subd. [a]) could not thereby be waived. (See 7 Weinstein-Korn-Miller, N. Y., Civ. Prac., par. 5513.02.) Nor does this situation fall within any of the exceptions set forth in CPLR 5514, 5520, or 1022. If we did not dismiss, we would affirm on the merits. Concur —Markewich, J. P., Nunez, Kupferman, Lane and Capozzoli, JJ.

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Bluebook (online)

43 A.D.2d 671, 350 N.Y.S.2d 140, 1973 N.Y. App. Div. LEXIS 2994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reinfeld-v-325-west-end-corp-nyappdiv-1973.

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