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AVELLANET v. R-JO TRUCKING CORP.

237 A.D.2d 193 (1997)

655 N.Y.S.2d 368

Elizabeth Avellanet, as Administratrix of The Estate of Hiram Hueca, Jr., et al., Appellants, v. R-Jo Trucking Corp., Respondent, et al., Defendants

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

March 20, 1997

Although the conditional order was served on respondent's attorney, such service was without notice of entry, and thus the 30-day limitation never began to run (cf., O'Brien v City of New York, 6 A.D.2d 63), and it cannot be said that respondent was in default of that order. Respondent's motion to "amend" the conditional order was really nothing more than an effort to inform the...

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