DeSimone v. City of New York

258 A.D. 906 Court N.Y. App. Div. Decision date 1939-12-19 English

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Domenick DeSimone, Appellant, v. The City of New York, Respondent, and Others, Defendants.

Motion to direct acceptance of notice of appeal granted. An issue of fact is presented with respect to service of the judgment with notice of entry and, under the circumstances, we are of opinion that plaintiff should be given an opportunity to prosecute his appeal. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ.