Balaban v. Dugundji

Appellate Terms of the Supreme Court of New York

Balaban v. Dugundji

134 N.Y.S. 493

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 19, 1912

StatusPublished

This text of 134 N.Y.S. 493 (Balaban v. Dugundji) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Balaban v. Dugundji, 134 N.Y.S. 493 (N.Y. Ct. App. 1912).

Pincite

Opinion

PER CURIAM.

A reargument of this case was granted, for the reason that, after the appellant had served and filed his brief, the parties entered into an agreement that the case should not he argued until the December term of the court. This stipulation was not filed with the clerk, and the case, being regularly on the calendar, was submitted and heard at the November term upon the appellant’s brief alone, and the judgment reversed. Upon a re-examination of the record!, and due consideration of the respondent’s brief, we have reached the same conclusion as on the former hearing, and the determination must therefore be the same.

Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

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PER CURIAM.

A reargument of this case was granted, for the reason that, after the appellant had served and filed his brief, the parties entered into an agreement that the case should not he argued until the December term of the court. This stipulation was not filed with the clerk, and the case, being regularly on the calendar, was submitted and heard at the November term upon the appellant’s brief alone, and the judgment reversed. Upon a re-examination of the record!, and due consideration of the respondent’s brief, we have reached the same conclusion as on the former hearing, and the determination must therefore be the same.

Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

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Bluebook (online)

134 N.Y.S. 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balaban-v-dugundji-nyappterm-1912.