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AM. BANANA CO., INC. v. VENEZOLANA INTERNACIONAL DE AVIACION

69 A.D.2d 762 (1979)

American Banana Company, Inc., Respondent, v. Venezolana Internacional De Aviacion S.A. (VIASA), Appellant

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

April 3, 1979

Appellant served plaintiff with the notice of motion for leave to appeal 31 days after service of notice of entry of our order, after withdrawing its appeal to the Court of Appeals on the advice of the clerk of that court that an appeal did not lie as of right. CPLR 5513 (subd [b]) provides that a motion for leave to appeal must be made within 30 days of service of a copy of the order with notice of entry, but CPLR 5514 provides that if an appeal is taken and dismissed, the...

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