Practice On Appeal From the Municipal And City Courts of the City of New York : to the Appellate Term And Appellate Division of the Supreme Court

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Poillon, 75 A. D., 536 at 538; s. c, 78 Supp., 323. Chapuis vs. Long, 77 A. D., 272 at 274, s. c, 78 Supp., 1046.
It is only when new matter is set forth in the answering af- fidavits that permission to reply thereto will be given, and then only upon condition that copies of such affidavits be served upon the adverse party, and an opportunity be given him to answer them.
Sec. 2 — Term, and Recess Motions Distinguished.
Motions in the Appellate Term may properly be divided into two classes, I. T
...hose which can only be made under Rule 8, upon a notice of five days, which must be made returnable upon the first day of the term, in which proof of service of the notice of motion must be made, and a note of issue filed upon the Friday preced- ing the commencement of the term and the motion placed upon the motion calendar.
II. Those motions which may be made at any time during the term, and sometimes designated "recess motions." Of the first class are : 1. Motions to dismiss appeals for failure to make and serve printed case or papers upon appeal ( Rule 3 ) ; 2.


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