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Wheeler v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1966
26 A.D.2d 977 (N.Y. App. Div. 1966)

Opinion

November 21, 1966


MEMORANDUM BY THE COURT. Appellant's principal contention is that the motion to relieve was not timely made "within one year after service of a copy of the judgment * * * with written notice of its entry" (CPLR 5015, subd. [a], par. 1) but the complete answer to that contention is that no such service has been shown. The papers before us do not support appellant's secondary and subsidiary claim of alleged laches. Order affirmed, with $10 costs. Gibson, P.J., Reynolds, Aulisi and Staley, Jr., JJ., concur.


Summaries of

Wheeler v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Nov 21, 1966
26 A.D.2d 977 (N.Y. App. Div. 1966)
Case details for

Wheeler v. Smith

Case Details

Full title:JOHN E. WHEELER, Appellant, v. ROBERT L. SMITH et al., Respondents

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

Date published: Nov 21, 1966

Citations

26 A.D.2d 977 (N.Y. App. Div. 1966)