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Hendry v. Hilton

Supreme Court of New York, Appellate Division

December 30, 1953

JOHN M. HENDRY et al., Plaintiffs,
v.
FRED HILTON et al., Defendants.

Page 169

MOTION by defendants to compel plaintiffs to accept service of notice of appeal previously rejected by plaintiffs.

COUNSEL

Joel J. Weiner for defendants.

Sol Lefkowitz for plaintiffs.

ADEL, J.

This is a motion by defendants to compel plaintiffs to accept service of a notice of appeal which plaintiffs' attorney previously had rejected.

The following is the chronology of events:

June 9, 1953--the action, for an injunction, was tried; immediately upon the conclusion of the trial the referee rendered his decision in favor of plaintiffs. William L. Storey, Esq., appeared in the action as attorney for the defendants and represented them at the trial.

July 1, 1953--the judgment was signed.

July 9, 1953--the judgment was entered.

July 10, 1953--plaintiffs' attorney served a copy of the judgment, with notice of entry, upon defendants' attorney of record, William L. Storey. Immediately upon receipt of such copy, Mr. Storey returned it with a letter stating that he no longer represented the defendants.

July 23, 1953--plaintiffs claim they served a copy of the judgment, with notice of entry, upon defendants personally. Defendants vehemently deny such service.

September 28, 1953--defendants admit service by the sheriff upon them of a copy of the judgment with notice of entry, on said date.

October 2, 1953--defendants, through their new attorney, Joel J. Weiner, Esq., served notice of appeal from the ...


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