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MOSES v. J. C. PENNEY CO. INC.

135 A.D.2d 1147 (1987)

Heather Moses et al., Appellants, v. J. C. Penney Co., Inc., et al., Respondents

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

December 18, 1987

Motion to dismiss appeal on ground notice of appeal not timely filed or served denied.

Memorandum:

A party seeking to limit the right of his adversary to appeal is held to strict practice (People ex rel. Manhattan Stor. & Warehouse Co. v Lilly, 299 N.Y. 281; Good v Daland, 119 N.Y. 153). Since respondent did not serve the order appealed from on appellant's attorney of record, the motion to dismiss the appeal as untimely taken...

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