Camp Ranger, Inc. v. Irving-Barbara Holding Realty Corp.

Appellate Division of the Supreme Court of New York

Camp Ranger, Inc. v. Irving-Barbara Holding Realty Corp.

281 A.D. 1001, 120 N.Y.S.2d 590, 1953 N.Y. App. Div. LEXIS 4051

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

DecidedApril 6, 1953

StatusPublished

This text of 281 A.D. 1001 (Camp Ranger, Inc. v. Irving-Barbara Holding Realty Corp.) 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

Camp Ranger, Inc. v. Irving-Barbara Holding Realty Corp., 281 A.D. 1001, 120 N.Y.S.2d 590, 1953 N.Y. App. Div. LEXIS 4051 (N.Y. Ct. App. 1953).

Pincite

Opinion

This is an appeal from an order at Sullivan County Special Term granting a motion for reargument and a motion to restore these actions to the calendar of the Supreme Court of Sullivan County. During the December, 1951, Sullivan County' term a jury was drawn in the second above-numbered ease. Negotiations then ensued to adjust the differences between the several parties. The trial minutes contain a motion to dismiss the complaint, without costs, but nevertheless “ subject to the terms of an order which will provide that unless we complete our settlement that it may be restored. The Court: Restored to the calendar without prejudice to anybody.” The record is not entirely clear whether the dismissal referred to action No. 2 only or to both cases. The Special Term has ordered the restoration of both cases to the calendar on the ground that there was no stipulation before the court of the terms and conditions of the settlement [1002]*1002betweeen the parties, that the terms of the settlement were never agreed upon and settlement was not consummated. Order unanimously affirmed, with $10 costs. Present — Foster, P. J., Brewster, Coon, Halpern and Imrie, JJ.

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This is an appeal from an order at Sullivan County Special Term granting a motion for reargument and a motion to restore these actions to the calendar of the Supreme Court of Sullivan County. During the December, 1951, Sullivan County' term a jury was drawn in the second above-numbered ease. Negotiations then ensued to adjust the differences between the several parties. The trial minutes contain a motion to dismiss the complaint, without costs, but nevertheless “ subject to the terms of an order which will provide that unless we complete our settlement that it may be restored. The Court: Restored to the calendar without prejudice to anybody.” The record is not entirely clear whether the dismissal referred to action No. 2 only or to both cases. The Special Term has ordered the restoration of both cases to the calendar on the ground that there was no stipulation before the court of the terms and conditions of the settlement [1002]*1002betweeen the parties, that the terms of the settlement were never agreed upon and settlement was not consummated. Order unanimously affirmed, with $10 costs. Present — Foster, P. J., Brewster, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

281 A.D. 1001, 120 N.Y.S.2d 590, 1953 N.Y. App. Div. LEXIS 4051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camp-ranger-inc-v-irving-barbara-holding-realty-corp-nyappdiv-1953.