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Kessler v. Fligel

Court of Appeals of the State of New York
Oct 9, 1934
192 N.E. 415 (N.Y. 1934)

Opinion

Submitted July 3, 1934

Decided October 9, 1934

Samuel M. Rivelson for motion.

Lawrence Kovalsky opposed.


While reliance has been placed upon Terwilliger v. Browning, King Co. ( 207 N.Y. 479), as holding that applications to the Appellate Division for leave to appeal on certified questions must be made within thirty days after the order was rendered without regard to the service of the order or the notice of entry thereof, it appears that in Matter of Bean v. Stoddard ( 238 N.Y. 552, 581, 618) the court, without reference to the Terwilliger Case ( supra), held that the time within which such applications may be made begins to run from the date of service on the opposite party of a copy of the Appellate Division order with notice of entry thereof. The practice in applications for leave to appeal from the Appellate Division on certified questions, that is, from intermediate orders, is thus assimilated to the practice on applications for leave to appeal from final orders and final judgments.

Motion for reargument of motion to dismiss appeal granted and motion to dismiss denied.


Summaries of

Kessler v. Fligel

Court of Appeals of the State of New York
Oct 9, 1934
192 N.E. 415 (N.Y. 1934)
Case details for

Kessler v. Fligel

Case Details

Full title:JOE KESSLER, Respondent, v. BEN FLIGEL, Appellant

Court:Court of Appeals of the State of New York

Date published: Oct 9, 1934

Citations

192 N.E. 415 (N.Y. 1934)
192 N.E. 415

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