Low v. Bankers Trust Co.
Cases that cite this one
11 later published cases cite this decision.
- People v. Midland Insurance (New York Supreme Court 1978)
- People v. Stuyvesant Insurance (New York Supreme Court 1976)
- Arnold v. Mayal Realty Co. (Appellate Division of the Supreme Court of New York 1948)
- Ocean Accident & Guarantee Corp. v. Otis Elevator Co. (N.Y. 1943)
- Morris v. Chemical Bank Trust Company (N.Y. 1943)
- Matter of City of New York (N.Y. 1943)
- Watkins v. Pacific Finance Corp. (Appellate Division of the Supreme Court of New York 1940)
- In re the Estate of Westberg (N.Y. 1938)
- People v. Brenner (New York County Courts 1938)
- Clinton Trust Co. v. Mahoney (Appellate Division of the Supreme Court of New York 1937)
- Jamaica Savings Bank v. Risian Realty Corp. (New York Supreme Court 1937)
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
The court has no power to grant an application for leave to appeal unless such application is made within thirty days after notice of entry of the order of the Appellate Division refusing leave to appeal, except that “ if the court be in recess during all or part of such period, an application may be made upon notice served within such period to be heard after the expiration thereof, if noticed for a day not later than ten days after the court shall have re-convened.” (Civ. Prac. Act, § 591.) An application is not made to the court until brought before the court upon proper notice. Regardless of the date when notice is served that application will be made to the court, the application is too late unless noticed for hearing within thirty days after service of notice of entry of the order of the Appellate Division, or, in a proper case, for a day not later than ten days after the court shall have re-convened. (Metropolitan Casualty Ins. Co., v. Public Nat. Bank & Trust Co., 262 N. Y. 614.) Since the application in this case is made too late, the court does not now consider whether the judgment is final as to defendants other than the trustee.
Motion for leave to appeal denied, with ten dollars costs and necessary printing disbursements.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.