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Current Developments in the Commercial Divisions of the
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Posted: October 16, 2017

Appeal Timely Notwithstanding That Notice of Appeal Was Rejected by Clerk

On October 10, 2017, the First Department issued a decision in Perlbinder v. Board of Managers of the East 53rd St. Condominium, 2017 NY Slip Op. 07093, holding that an appeal was timely notwithstanding that the Notice of Appeal was returned by the clerk for correction, explaining:

This appeal was timely filed, despite the fact that the initial notice of appeal was returned by the Clerk due to an error and was not refiled until more than 30 days later. The initial filing was sufficient for jurisdictional purposes, and the correction was not consequential. Moreover, plaintiffs filed their pre-argument statement and the orders that are the subject of the appeal at the same time as the initial notice of appeal, thus providing defendant with notice.

(Internal citations omitted).

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