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Flick v. Eastman Kodak Co.

219 A.D.2d 883 Court N.Y. App. Div. Decision date 1995-09-29 English

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p. 883
Charles Flick, Respondent, v Eastman Kodak Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Monroe Piping & Sheet Metal, Inc., Third-Party Defendant and Fourth-Party Plaintiff-Respondent. Frontier Insulation/ Rochester, Inc., Fourth-Party Defendant-Appellant.
[632 NYS2d 53]

Motion to dismiss appeal denied. Memorandum: An appeal must be taken within 30 days of service of the order to be appealed with notice of entry thereon (CPLR 5513 [a]). Frontier Insulation/Rochester, Inc., has never been served with a copy of the order dated May 31, 1994, with notice of entry, and, therefore, its time to appeal has not yet begun to run. Present — Pine, J. P., Lawton, Balio, Davis and Boehm, JJ.