KUBISZYN v. TEREX DIV. OF TEREX CORP.


201 A.D.2d 974 (1994)

607 N.Y.S.2d 832

Nicholas W. Kubiszyn, Respondent, v. Terex Division of Terex Corp., Appellant, et al., Defendant

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

February 4, 1994


Motion for extension of time to file notice of appeal granted, and cross motion for extension of time to file notice of cross appeal denied.

Memorandum:

Appellant timely served a notice of appeal, but its attempt at filing the notice of appeal was rejected by the County Clerk on the ground that no preargument statement was included with the notice of appeal. The County Clerk erred in rejecting the notice of appeal inasmuch as the filing of a preargument statement...

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