PERLBINDER v. BOARD OF MGRS. OF EAST 53RD STREET CONDOMINIUM

654039/13, 4625B, 411, 4625A, 4625.

154 A.D.3d 467 (2017)

62 N.Y.S.3d 110

2017 NY Slip Op 07093

BARTON MARK PERLBINDER et al., Appellants, v. BOARD OF MANAGERS OF THE EAST 53RD STREET CONDOMINIUM, Respondent.

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

Decided October 10, 2017.


This appeal was timely filed, despite the fact that the initial notice of appeal was returned by the Clerk due to an error and was not refiled until more than 30 days later. The initial filing was sufficient for jurisdictional purposes, and the correction was not consequential (see CPLR 5520 [c]). Moreover, plaintiffs filed their pre-argument statement and the orders that are the subject of the appeal at the same time as the initial notice of appeal, thus providing...

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