MIDEAL HOMES CORP. v. L & C CONCRETE WORK, INC.


90 A.D.2d 789 (1982)

Mideal Homes Corporation, Appellant, v. L & C Concrete Work, Inc., et al., Respondents. (Action No. 1.) (And Two Other Actions.)

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

November 8, 1982


Order reversed insofar as appealed from, without costs or disbursements, and appellant's application granted to the extent that there shall be a joint trial of all three actions.

Prior to reaching appellant's arguments, we note that an issue has been raised concerning the timeliness of the appeal. Since a copy of the order and written notice of its entry was never served upon the appellant, the 30-day period to take an appeal as of right never began to run (CPLR 5513...

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