Begen v. Curtis

Appellate Division of the Supreme Court of New York

Begen v. Curtis

81 A.D. 91, 80 N.Y.S. 929

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1903

StatusPublished

This text of 81 A.D. 91 (Begen v. Curtis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Begen v. Curtis, 81 A.D. 91, 80 N.Y.S. 929 (N.Y. Ct. App. 1903).

Pincite

Opinion

Per Curiam :

The proposed submission in this case contains no agreement as to the facts which are admitted and form the subject of the alleged submission. Opposite the title there is a memorandum to the effect that it is a case agreed upon in a controversy submitted without action, pursuant to the Code of Civil Procedure.- That does not form any part of the submission, but is merely descriptive.

And, furthermore, it is not stated that the case agreed upon contains a statement of the facts as required by the Code (§ 1219). There is no stipulation whatever between the parties that the papers constitute a case containing a statement of the facts which has been agreed upon.

The submission must, therefore, be dismissed, with leave to file a new. submission.

Present — Tan Brunt, P. J., C’Brien, Ingraham, McLaughlin and Laughlin, JJ.

Submission dismissed, with leave to file new .submission.

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