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Bowne New York

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eBook details

  • Title: Bowne New York
  • Author : Supreme Court of New York
  • Release Date : January 03, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

Judgment, Supreme Court, New York County (Harold Tompkins, J., and a jury), entered June 4, 1990, in favor of plaintiff and
against defendant in the amount of $326,453.78, inclusive of interest and costs, is unanimously affirmed, with costs. Order
of the same court entered on or about September 25, 1990, which denied defendant's motion pursuant to CPLR § 4404 to set
aside the jury verdict, is unanimously affirmed, with costs. Although the notice of appeal was filed more than 30 days after entry of the judgment, it does not appear that plaintiff
served on defendant a copy of the judgment with notice of entry more than 30 days prior to the service of the notice of appeal
(CPLR 5513[a]). In the absence of such proof, this court will not assume that the appeal is untimely (Matter of Nancy C. v.
John J.O'C., 50 A.D.2d 800).


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