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Rosenberg v. General Realty Service, Inc.

181 N.E. 71, 259 N.Y. 123, 1932 N.Y. LEXIS 914
CourtNew York Court of Appeals
DecidedApril 26, 1932
StatusPublished
Cited by9 cases

This text of 181 N.E. 71 (Rosenberg v. General Realty Service, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rosenberg v. General Realty Service, Inc., 181 N.E. 71, 259 N.Y. 123, 1932 N.Y. LEXIS 914 (N.Y. 1932).

Opinion

Per Curiam.

Whenever a judgment has been entered in the County Clerk’s office on the order of the Appellate Division and the notice of appeal indicates an intention to bring up the determination of the Appellate Division for review, a misdescription of the judgment in the notice of appeal as an order or determination or decision affects no substantial right. The notice of appeal may be amended or the mistake disregarded as immaterial under section 105 of the Civil Practice Act.

*126 The order amending plaintiffs’ notice of appeal to the Court of Appeals herein should be affirmed, without costs, and the question certified answered in the affirmative. The judgment should be affirmed, with costs.

Pound, Ch. J., Crane, Lehman, O’Brien and Hubbs, JJ., concur; Kellogg and Crouch, JJ., not sitting.

Ordered accordingly.

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Cite This Page — Counsel Stack

Bluebook (online)
181 N.E. 71, 259 N.Y. 123, 1932 N.Y. LEXIS 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-general-realty-service-inc-ny-1932.