Appellate Division of the Supreme Court of New York, 1991

Blumenthal v. Syracuse Savings Bank

Blumenthal v. Syracuse Savings Bank
Appellate Division of the Supreme Court of New York · Decided April 26, 1991
172 A.D.2d 1073; 571 N.Y.S.2d 395; 1991 N.Y. App. Div. LEXIS 6432
Blumenthal v. Syracuse Savings Bank

Opinion of the Court

Motion to dismiss cross appeal denied. Memorandum: Defendant has not demonstrated that a notice of entry of the order was served with the order. Absent service of a written notice of entry, the time to take an appeal does not begin to run (Malvin v Schwartz, 65 AD2d 769, affd 48 NY2d 693). Present—Callahan, J. P., Doerr, Denman, Boomer and Pine, JJ.

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