Summary Judgment Successfully Obtained by Caroline K. Hock
Senior Associate Caroline K. Hock prevailed before the Appellate Term, First Department, which affirmed the trial court’s decision granting summary judgment and dismissing the case. In the underlying action, venued in Civil Court, New York County, plaintiff sought monetary damages against our client, an investigative firm, for an action sounding in fraud. Plaintiff sought two appeals after the trial court dismissed the case. Caroline argued before the Appellate Term that both appeals were untimely as a matter of law because of defective Notices of Appeal, pursuant to CPLR Section 5513(a) which mandates the timeline for appeals, and CPLR Section 2103(b) which governs the service of papers by mail. The Appellate Term agreed with Caroline’s arguments, striking both Notices of Appeal and dismissing the appeals as untimely.
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