Borgia & Patane, Inc. v. Paris

92 Misc. 211, 155 N.Y.S. 347
CourtAppellate Terms of the Supreme Court of New York
DecidedNovember 15, 1915
StatusPublished
Cited by2 cases

This text of 92 Misc. 211 (Borgia & Patane, Inc. v. Paris) 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
Borgia & Patane, Inc. v. Paris, 92 Misc. 211, 155 N.Y.S. 347 (N.Y. Ct. App. 1915).

Opinion

Shearn, J.

One justice of the Municipal Court has no authority to vacate a judgment entered after a trial before another justice on the ground of irregularities in that trial. Moreover, there was no irregularity in conducting the trial without a stenographer where that was done upon stipulation of both sides. The stipulation was in the interest of economy, and evidently contemplated the waiver of an appeal Dubuc v. Lazell, Dalley & Co., 182 N. Y. 482. I know of no reason why a stipulation in an action in the Municipal Court is not just as binding as a stipulation in an action in any other court.

Order reversed; with ten dollars costs, and judgment reinstated; judgment to be set off against the costs of appeal.

Blitir and Page, JJ., concur.

Order reversed, with ten dollars costs, and judgment reinstated.

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Related

Dancik v. Rappold
109 Misc. 354 (City of New York Municipal Court, 1919)
Myers v. Klein
95 Misc. 546 (Appellate Terms of the Supreme Court of New York, 1916)

Cite This Page — Counsel Stack

Bluebook (online)
92 Misc. 211, 155 N.Y.S. 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borgia-patane-inc-v-paris-nyappterm-1915.