Williams v. Forbes
Joseph Patrick Williams was injured in a 1984 fall at the Armbrusters' property where William Forbes was a general contractor. Williams, who received workers' compensation benefits, sued Forbes and the Armbrusters. Forbes, having impleaded Williams's employers David Rowe and D. Rowe Home Improvements, sought to amend his answer to include a Workers' Compensation Law defense and moved for summary judgment, which the court denied, although it granted the Armbrusters' cross-motion for summary judgment. Forbes appealed the denial of his summary judgment motion. Williams subsequently moved to dismiss Forbes's appeal as untimely. The court denied Williams's motion, ruling that the 30-day appeal period under CPLR 5513(a) only begins when the appellant is served notice of entry by the prevailing party, not by co-defendants like the Armbrusters. Consequently, Forbes's appeal was deemed timely.