AVGUSH v. JERRY FONTAN, INC.

7874. 20734/12E.

167 A.D.3d 484 (2018)

89 N.Y.S.3d 173

2018 NY Slip Op 08553

Doron Avgush, Appellant, v. Jerry Fontan, Inc., et al., Respondents.

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

Decided December 13, 2018.


A notice of appeal must be filed and served within 30 days after service by a party of the order and written notice of entry (see CPLR 5513 [a]; 5515 [1]). Here, defendants properly electronically served the order on appeal with notice of entry on August 30, 2016, via the New York State Courts Electronic Filing (NYSCEF) system (see 22 NYCRR 202.5-b [b]). At that time, plaintiff was represented by counsel who had not withdrawn or moved to be relieved in the manner...

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