JOHNSON v. ANDERSON


15 N.Y.2d 925 (1965)

Harold F. Johnson, Respondent, v. Harry B. Anderson et al., Appellants.

Court of Appeals of the State of New York.

Decided March 18, 1965.


Attorney(s) appearing for the Case

Charles C. Parlin, Jr., and Charles H. Gustafson for appellants.

Benedict J. Pollio and Gerald J. Dunworth for respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.


MEMORANDUM:

The basic time limit to take an appeal is within 30 days after service upon the appellant of a copy of the judgment or order "and written notice of its entry" (CPLR 5513 [a]). The single exception to the general rule is where the appellant himself "has entered the judgment or order or served notice of its entry", in which event his appeal is limited to 30 days after "he did either". Here the appellants did not...

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