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14 Second Avenue Realty Corp. v. Szalay

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 1962
16 A.D.2d 919 (N.Y. App. Div. 1962)

Summary

In 14 Second Ave. Realty Corp. v. Szalay (16 A.D.2d 919), an order dismissing a counterclaim was dated and entered on December 20, 1961.

Summary of this case from Engel v. Lichterman

Opinion

June 28, 1962


Appeal from order entered on December 20, 1961 unanimously dismissed on the ground that the notice of appeal was not timely served, with $20 costs and disbursements to plaintiff-respondent. The record indicates that the order granting the application of plaintiff to dismiss the counterclaim is dated and entered December 20, 1961; that the notice of appeal filed by defendant-appellant is dated February 12, 1962. The affidavit of service sworn to December 27, 1961 indicates service by mail on said date of the said order with notice of entry. Service by mail is complete regardless of delivery where the mailing itself complies with all requisites. ( Anthony v. Schofield, 265 App. Div. 423, 425.) The appellant denies receipt of the order. In some circumstances such denial would raise an issue which would require a hearing for its resolution. However, the affidavits here raise no triable issue as to the mailing.

Concur — Rabin, J.P., McNally, Eager, Steuer and Bergan, JJ.


Summaries of

14 Second Avenue Realty Corp. v. Szalay

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 1962
16 A.D.2d 919 (N.Y. App. Div. 1962)

In 14 Second Ave. Realty Corp. v. Szalay (16 A.D.2d 919), an order dismissing a counterclaim was dated and entered on December 20, 1961.

Summary of this case from Engel v. Lichterman
Case details for

14 Second Avenue Realty Corp. v. Szalay

Case Details

Full title:14 SECOND AVENUE REALTY CORP., Respondent, v. ANNE SZALAY, as Executrix of…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 28, 1962

Citations

16 A.D.2d 919 (N.Y. App. Div. 1962)

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