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PLACEDE v. CITY OF NEW YORK

210 A.D.2d 18 (1994)

619 N.Y.S.2d 563

Bernadette Placede, Respondent, v. City of New York et al., Appellants. (And a Third-Party Action.)

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

December 1, 1994

The appeal is untimely (CPLR 5513 [a]) because the notice of appeal was filed approximately nine months after service of the order with notice of entry. Were we to consider the merits, we would affirm. While a party may not be compelled to produce a witness not within its control, it is under a duty to so inform the court in order to avoid sanction (see, Schrager v Macy & Co., 109 A.D.2d 671

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