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Rosenberg v. General Realty Service, Inc.

Court of Appeals of the State of New York
Apr 26, 1932
181 N.E. 71 (N.Y. 1932)

Opinion

Argued March 25, 1932

Decided April 26, 1932

Appeal from the Supreme Court, Appellate Division, Fourth Department.

Arthur E. Rosenberg for plaintiffs, appellants and respondents.

Arthur E. Sutherland, Jr., for defendant, respondent and appellant.



Whenever a judgment has been entered in the County Clerk's office on the order of the Appellate Division and the notice of appeal indicates an intention to bring up the determination of the Appellate Division for review, a misdescription of the judgment in the notice of appeal as an order or determination or decision affects no substantial right. The notice of appeal may be amended or the mistake disregarded as immaterial under section 105 of the Civil Practice Act.

The order amending plaintiffs' notice of appeal to the Court of Appeals herein should be affirmed, without costs, and the question certified answered in the affirmative.

The judgment should be affirmed, with costs.

POUND, Ch. J., CRANE, LEHMAN, O'BRIEN and HUBBS, JJ., concur; KELLOGG and CROUCH, JJ., not sitting.

Ordered accordingly.


Summaries of

Rosenberg v. General Realty Service, Inc.

Court of Appeals of the State of New York
Apr 26, 1932
181 N.E. 71 (N.Y. 1932)
Case details for

Rosenberg v. General Realty Service, Inc.

Case Details

Full title:SOL ROSENBERG et al., Appellants and Respondents, v. GENERAL REALTY…

Court:Court of Appeals of the State of New York

Date published: Apr 26, 1932

Citations

181 N.E. 71 (N.Y. 1932)
181 N.E. 71

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