FARRAGHER v. CITY OF NEW YORK


19 N.Y.2d 831 (1967)

Catherine Farragher, Individually and as Administratrix of The Estate of John C. Farragher, Deceased, et al., Respondents-Appellants, v. City of New York et al., Defendants, Nazwin Associates, Inc., Respondent, and Dora B. D. Ide et al., as Executors of John J. Ide, Deceased, Appellants-Respondents.

Court of Appeals of the State of New York.

Decided April 18, 1967.


Attorney(s) appearing for the Case

John P. Carson for appellants-respondents.

Murray L. Lewis, Edward M. Edenbaum and Harry H. Lipsig for respondents-appellants.

I. Sidney Worthman for respondent.


Motion by respondent Nazwin Associates, Inc., granted and appeal dismissed upon the ground that the appeal has not been timely taken. Where the order of the Appellate Division is final, the appeal lies only from that paper and not from the judgment subsequently entered thereon (CPLR 5611; Storch v. Moritsky, 17 N.Y.2d 917), and the last sentence of CPLR 5512 (subd. [a]) is not intended to save a late appeal.

Motion by plaintiffs...

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