Smith v. Ellenville National Bank
This text of 59 A.D.2d 791 (Smith v. Ellenville National Bank) 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 by respondent to dismiss appeal as untimely taken denied, without costs. Cross motion by appellant for relief pursuant to CPLR 5520 (subd [a]) granted, without costs. The notice of appeal filed on October 16, 1973 shall be deemed timely (see, e.g., Messner v Messner, 42 AD2d 889). Respondent’s brief shall be filed and served on or before November 4, 1977. Appeal set down for term commencing November 14, 1977. Sweeney, J. P., Kane, Main, Larkin and Mikoll, JJ., concur.
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Cite This Page — Counsel Stack
59 A.D.2d 791, 1977 N.Y. App. Div. LEXIS 13861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-ellenville-national-bank-nyappdiv-1977.