General
Joyce Burfield, as Parent and Natural Guardian of Ronda Greasart, Respondent, v. Commercial Union Insurance Company, Appellant, et al., Defendants
229 A.D.2d 1023646 N.Y.S.2d 466·New York Supreme Court, Appellate Division·1996·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Joyce Burfield, as Parent and Natural Guardian of Ronda Greasart, Respondent, v Commercial Union Insurance Company, Appellant, et al., Defendants.
[646 NYS2d 466]
[MAJORITY]
—Motion to dismiss appeal denied. Memorandum: The time to take an appeal runs from service of the underlying order with notice of entry (CPLR 5513 [a]), not from the filing of the underlying order. Plaintiff has not shown when service with notice of entry was made (see, CPLR 5513 [a]), and, therefore, plaintiff has not shown the appeal to be untimely taken. Present—Pine, J. P., Lawton, Wesley, Balio and Boehm, JJ.