S. Cremona & Co. v. Dell

Appellate Division of the Supreme Court of New York

S. Cremona & Co. v. Dell

6 A.D.2d 719, 175 N.Y.S.2d 232, 1958 N.Y. App. Div. LEXIS 5763

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

DecidedMay 26, 1958

StatusPublished

Cited by5 cases

This text of 6 A.D.2d 719 (S. Cremona & Co. v. Dell) 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

S. Cremona & Co. v. Dell, 6 A.D.2d 719, 175 N.Y.S.2d 232, 1958 N.Y. App. Div. LEXIS 5763 (N.Y. Ct. App. 1958).

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Opinion

Motion to compel respondent’s attorney to accept the notice of appeal which was served on him on February 4, 1958, and which he thereafter returned on the ground that it was untimely. Appellants contend that they were not served with a proper notice of entry of the judgment from which they seek to appeal, because no notice of entry was indorsed upon the cover of said paper and the letter of transmittal that accompanied it was inadequate. Said letter stated: “ Enclosed herewith please find copy of findings and judgment roll re the above matter, all of which were duly signed and filed in the office of the Clerk of the City Court of Yonkers on December 20, 1957.” Motion denied, without costs. In our opinion, said notice of entry was sufficient (Civ. Prac. Act, § 612; Matter of Downey, 275 App. Div. 1008; 8 Carmody-Wait on New York Practice, pp. 581-582). Present — Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ.

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Motion to compel respondent’s attorney to accept the notice of appeal which was served on him on February 4, 1958, and which he thereafter returned on the ground that it was untimely. Appellants contend that they were not served with a proper notice of entry of the judgment from which they seek to appeal, because no notice of entry was indorsed upon the cover of said paper and the letter of transmittal that accompanied it was inadequate. Said letter stated: “ Enclosed herewith please find copy of findings and judgment roll re the above matter, all of which were duly signed and filed in the office of the Clerk of the City Court of Yonkers on December 20, 1957.” Motion denied, without costs. In our opinion, said notice of entry was sufficient (Civ. Prac. Act, § 612; Matter of Downey, 275 App. Div. 1008; 8 Carmody-Wait on New York Practice, pp. 581-582). Present — Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

6 A.D.2d 719, 175 N.Y.S.2d 232, 1958 N.Y. App. Div. LEXIS 5763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-cremona-co-v-dell-nyappdiv-1958.

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