KNUDSEN v. NEW DORP COAL CORP.


20 N.Y.2d 875 (1967)

Bessie A. Knudsen et al., Respondents, v. New Dorp Coal Corp., Appellant.

Court of Appeals of the State of New York.

Decided November 2, 1967.


Attorney(s) appearing for the Case

Solomon R. Agar for motion.

William F. Larkin opposed.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.


Per Curiam.

Plaintiffs-respondents move to dismiss an appeal taken as of right pursuant to CPLR 5601 (subd. [d]) by the defendant-appellant on the ground that the appeal is untimely. The notice of appeal, although inartfully drawn, is timely (CPLR 5512, subd. [a]).

We note, however, that the defendant has appealed to both the Appellate Division and to this court from the final judgment of the Supreme Court...

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