Key Takeaway
Court rules that failure to serve notice of entry means the 30-day appeal deadline never starts, allowing a 7-year-old case to proceed on appeal.
Understanding when an appeal deadline begins is crucial in New York civil litigation. The general rule under CPLR 5513(a) requires parties to file a notice of appeal within 30 days of service of the judgment “with notice of entry.” However, this case demonstrates a critical exception that can significantly impact litigation timelines.
In civil procedure, the “notice of entry” serves as the formal trigger that starts various time periods running, including the deadline to file an appeal. When a prevailing party fails to serve this notice, it can have unintended consequences that may benefit the opposing party. This procedural requirement exists to ensure all parties have actual knowledge of the judgment and a fair opportunity to exercise their appellate rights.
The concept parallels other procedural timing requirements in New York practice, where strict compliance with statutory deadlines is essential. However, unlike situations involving document authentication issues or procedural defects that courts may overlook, the failure to serve notice of entry creates a definitive procedural advantage for the potential appellant.
Jason Tenenbaum’s Analysis:
Gramercy Park Residence Corp. v Ellman, 2012 NY Slip Op 04289 (1st Dept. 2012)
“The appeal from the November 2005 judgment is not untimely due to the failure to serve notice of entry. To the contrary, such failure means that the 30-day time limit to notice the appeal never began to run, and thus, the appeal is timely (see Matter of Reynolds v Dustman, 1 NY3d 559 ).”
Key Takeaway
This decision reinforces that procedural compliance cuts both ways in New York litigation. While prevailing parties often focus on collecting judgments, failing to properly serve notice of entry can leave cases vulnerable to appeal indefinitely. The ruling protects appellants from being time-barred when they lack proper notice, but it also highlights the importance of following through on all procedural requirements after obtaining a favorable judgment.
Legal Update (February 2026): Since 2012, the CPLR 5513 appeal timing provisions may have been subject to amendments or clarifying court interpretations regarding notice of entry requirements and calculation of appeal deadlines. Practitioners should verify current statutory language and recent appellate decisions to ensure compliance with any updated procedural requirements for commencing appeals.
