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REINFELD v. 325 WEST END CORP.

43 A.D.2d 671 (1973)

Pearl Reinfeld et al., Appellants, v. 325 West End Corporation et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 4, 1973

The notice of appeal was filed more than 30 days after service of a copy of the order appealed from, with notice of entry. A motion to dismiss was granted unless the appeal was perfected for a stated term and it was so perfected. However, that time limitation (CPLR 5513, subd. [a]) could not thereby be waived. (See 7 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5513.02.) Nor does this situation fall within any of the exceptions set forth in CPLR 5514, 5520, or 1022. If we...

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