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GRAMERCY PARK RESIDENCE CORP. v. ELLMAN

7834, 603071/02.

96 A.D.3d 423 (2012)

945 N.Y.S.2d 307

2012 NY Slip Op 4289

GRAMERCY PARK RESIDENCE CORP., Appellant, v. ELAINE ELLMAN, Respondent.

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

June 5, 2012.

The appeal from the November 2005 judgment is not untimely due to the failure to serve notice of entry. To the contrary, such failure means that the 30-day time limit to notice the appeal never began to run, and thus, the appeal is timely (see Matter of Reynolds v Dustman, 1 N.Y.3d 559 [2003]).

With regard to the merits, there are issues of fact as to who actually erected the subject sunshade. While the proprietary lease...

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