Opinion
March 8, 1965
In an action to recover damages for breach of a covenant against incumbrances in a deed, defendants appeal from a judgment of the Supreme Court, Nassau County, entered February 28, 1963, upon the opinion-decision of the court after a nonjury trial, in favor of the plaintiff and against the defendants. Appeal dismissed, without costs. The notice of appeal was not timely served ( People ex rel. Manhattan Stor. Warehouse Co. v. Lilly, 299 N.Y. 281; Berkson v. Schneiderman, 280 App. Div. 142; Matter of Stern Bros. [ Livingston], 2 A.D.2d 553; Kall Kall v. Nussbaum, 10 A.D.2d 647). Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.