← Cases

Parslow v. Great Atlantic & Pacific Tea Co.

73 A.D.2d 730 Court N.Y. App. Div. Decision date 1979-12-11 English

Contents

Majority

p. 730
Harry A. Parslow et al., Appellants, v Great Atlantic and Pacific Tea Company, Respondent.

to dismiss appeal as untimely taken denied, without costs. Since the copy of the order of Special Term served on appellants’ attorney on August 22, 1979 failed to indicate the date of the order, it was defective in a material respect and therefore its service was ineffective to commence appellants’ time to appeal (see CPLR 2219, subd [a]; 5513, subd [a]; 10 Carmody-Wait 2d, NY Prac, § 70:115). Mahoney, P. J., Sweeney, Kane, Main and Mikoll, JJ., concur.