Wheeler v. Smith

Appellate Division of the Supreme Court of New York

Wheeler v. Smith

26 A.D.2d 977, 275 N.Y.S.2d 1020, 1966 N.Y. App. Div. LEXIS 3063

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

DecidedNovember 21, 1966

StatusPublished

This text of 26 A.D.2d 977 (Wheeler v. Smith) 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

Wheeler v. Smith, 26 A.D.2d 977, 275 N.Y.S.2d 1020, 1966 N.Y. App. Div. LEXIS 3063 (N.Y. Ct. App. 1966).

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Opinion

Memorandum by the Court. Appellant’s principal contention is that the motion to relieve was not timely made “within one year after service of a copy of the judgment * * * with written notice of its entry” (CPLR 5015, subd. [a], par. 1) but the complete answer to that contention is that no such service has been shown. The papers before us do not support appellant’s secondary and subsidiary claim of alleged laches. Order affirmed, with $10 costs. Gibson, P. J., Reynolds, Aulisi and Staley, Jr., JJ., concur.

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Memorandum by the Court. Appellant’s principal contention is that the motion to relieve was not timely made “within one year after service of a copy of the judgment * * * with written notice of its entry” (CPLR 5015, subd. [a], par. 1) but the complete answer to that contention is that no such service has been shown. The papers before us do not support appellant’s secondary and subsidiary claim of alleged laches. Order affirmed, with $10 costs. Gibson, P. J., Reynolds, Aulisi and Staley, Jr., JJ., concur.

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Bluebook (online)

26 A.D.2d 977, 275 N.Y.S.2d 1020, 1966 N.Y. App. Div. LEXIS 3063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-smith-nyappdiv-1966.