In re Haverstraw Park v. Runcible Prop

Full title: In the Matter of HAVERSTRAW PARK, INC., Respondent, v. RUNCIBLE PROPERTIES…

Court: Court of Appeals of the State of New York

Date published: Jul 3, 1973

33 N.Y.2d 637 (N.Y. 1973)

347 N.Y.S.2d 585

301 N.E.2d 553

Opinion

Submitted May 21, 1973

Decided July 3, 1973

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MORTON B. SILBERMAN, J.

Bernard E. Stanger for motion.

Donald Tirschwell opposed.

Motion dismissed upon the ground it was not made within the time prescribed by statute (CPLR 5513). A stipulation of the parties cannot confer jurisdiction on the Court of Appeals to consider an untimely motion.