Morris v. Chemical Bank Trust Company

Full title: JOHN V. MORRIS, Appellant, v. CHEMICAL BANK TRUST COMPANY, Respondent

Court: Court of Appeals of the State of New York

Date published: Oct 7, 1943

51 N.E.2d 930 (N.Y. 1943)

51 N.E.2d 930

Opinion

Submitted July 20, 1943

Decided October 7, 1943

Appeal from the Supreme Court, Appellate Division, First Department, CAREW, J.

Adolph Hirsch Rosenfeld for motion.

Lester Kissel opposed.

Motion dismissed, without costs, on the ground that the application was not made within the time specified in section 592, subdivision 3, of the Civil Practice Act. ( Pollak v. Port Morris Bank, 257 N.Y. 287, 288; Low v. Bankers Trust Co., 265 N.Y. 264, 265; Metropolitan Casualty Ins. Co. v. Public Nat. Bank Trust Co., 262 N.Y. 614.)