Kelly v. . Sheehan
Cases that cite this one
32 later published cases cite this decision. The 25 that cite it most often are listed here.
- O'Brien v. City of New York (Appellate Division of the Supreme Court of New York 1958)
- People ex rel. Manhattan Storage & Warehouse Co. v. Lilly (Appellate Division of the Supreme Court of New York 1948)
- Patterson v. McCunn (New York Supreme Court 1886)
- In THE MATTER OF REYNOLDS v. Dustman (N.Y. 2003)
- Halpin v. Perales (Appellate Division of the Supreme Court of New York 1994)
- Deygoo v. Eastern Abstract Corp. (Appellate Division of the Supreme Court of New York 1994)
- Wright v. Board of Assessors of Ticonderoga (Appellate Division of the Supreme Court of New York 1991)
- Williams v. Forbes (Appellate Division of the Supreme Court of New York 1990)
- Lum v. YWCA (Appellate Division of the Supreme Court of New York 1988)
- Masters, Inc. v. White House Discounts, Inc. (Appellate Division of the Supreme Court of New York 1986)
- Nagin v. Long Island Savings Bank (Appellate Division of the Supreme Court of New York 1983)
- Alesi v. City of New York (Appellate Division of the Supreme Court of New York 1958)
- People Ex Rel. Manhattan Storage & Warehouse Co. v. Lilly (N.Y. 1949)
- Anthony v. Schofield (Appellate Division of the Supreme Court of New York 1943)
- Troppman v. Weigart (Appellate Division of the Supreme Court of New York 1912)
- Weeks v. Coe (Appellate Division of the Supreme Court of New York 1899)
- Sommers v. Ditmar (New York Supreme Court 1897)
- New York City Baptist Mission Society v. Tabernacle Baptist Church (New York Supreme Court 1896)
- Livingston v. New York Elevated Railroad (New York Supreme Court 1891)
- In re Kavanagh's Estate (New York Supreme Court 1890)
- In re the Judicial Settlement of the Account of Armstrong (New York Supreme Court 1890)
- Harnett v. Westcott (Superior Court of New York 1888)
- Drucker v. McCallum (New York Supreme Court 1888)
- Duval v. Busch (New York Supreme Court 1888)
- Harnett v. Westcott (The Superior Court of New York City 1888)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
If the notice of entry of judgment in this case was regular, the notice of appeal was served on the defendant’s attorney, one day too late, and the appeal was properly dismissed. But the appellant takes the point that the notice of entry of judgment was irregular and void, because it was not indorsed, or subscribed with the name of the defendant’s attorney and his office address, or place of business, as required by Rule 2 of the general rules of practice. We think the point well taken.
*326 There being no power in the court to relieve a party who fails to take, an appeal in clue time, however meritorious his excuse, the party undertaking to limit the time is held to strict practice.
The order of the General Term should be reversed, with costs.
All concur, except Folger, J., absent at argument.
Order reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.