Metro. Cas. Ins. Co. of New York v. Pub. Nat'l Bank

• Decision Date: 11 July 1933
• Citation: 188 N.E. 89,262 N.Y. 614
• Parties: METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, Respondent, v. PUBLIC NATIONAL BANK AND TRUST COMPANY OF NEW YORK, Appellant.
• Court: New York Court of Appeals Court of Appeals

262 N.Y. 614

188 N.E. 89

METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, Respondent,

v.PUBLIC NATIONAL BANK AND TRUST COMPANY OF NEW YORK, Appellant.

Court of Appeals of New York.

July 11, 1933.

Appeal, by permission of the Court of Appeals, from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (236 App. Div. 835, 259 N. Y. S. 1005), entered November 22, 1932, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court, a jury having been waived. Following the decision of the Appellate Division, the defendant applied to that court for permission to appeal to the Court of Appeals, which motion was denied by an order entered December 16, 1932. On December 20, 1932, the plaintiff served a copy of such order upon the defendant, with notice that it had been entered on December 16, 1932. The Court of Appeals recessed on December 15, 1932, and reconvened on January 9, 1933. The defendant served its notice of motion for leave to appeal to the Court of Appeals on January 16, 1933, noticed for January 23, 1933.

Oscar R. Houston, Donald A. Gray, Felix A. Fishman, and J. Joseph Noble, all of New York City, for appellant.

Joseph R. Jackson and Wesley S. Sawyer, both of New York City, for respondent.

PER CURIAM.

Appeal dismissed, with costs, on the ground that the application for leave to appeal to this court was not made within the time specified in section 591 of the Civil Practice Act.

POUND, C. J., and CRANE, LEHMAN, KELLOGG, O'BRIEN, and CROUCH, JJ., concur.

HUBBS, J., not sitting.