Cinelli v. Sager

Appellate Division of the Supreme Court of New York

Cinelli v. Sager

13 A.D.2d 716, 213 N.Y.S.2d 487, 1961 N.Y. App. Div. LEXIS 11578

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

DecidedApril 6, 1961

StatusPublished

Cited by1 cases

This text of 13 A.D.2d 716 (Cinelli v. Sager) 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

Cinelli v. Sager, 13 A.D.2d 716, 213 N.Y.S.2d 487, 1961 N.Y. App. Div. LEXIS 11578 (N.Y. Ct. App. 1961).

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Opinion

Judgment and order unanimously reversed, without costs of this' appeal to any party, and case remitted to Monroe County Court for further proceedings in accordance with memorandum. Memorandum: There are issues of fact involved. Testimony should be taken. Thereafter appropriate findings should be made as to the circumstances under which the settlement is claimed to have been made and recorded, and a determination should be made as to whether the case was effectively settled. (Appeal from judgment of Monroe County. Court dismissing plaintiff’s complaint. The order granted defendants’ motion to dismiss the complaint and directed plaintiff to perform under a settlement agreement.) Present—Williams, P. J., Bastow, Goldman, Halpern and MeClusky, JJ.

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Judgment and order unanimously reversed, without costs of this' appeal to any party, and case remitted to Monroe County Court for further proceedings in accordance with memorandum. Memorandum: There are issues of fact involved. Testimony should be taken. Thereafter appropriate findings should be made as to the circumstances under which the settlement is claimed to have been made and recorded, and a determination should be made as to whether the case was effectively settled. (Appeal from judgment of Monroe County. Court dismissing plaintiff’s complaint. The order granted defendants’ motion to dismiss the complaint and directed plaintiff to perform under a settlement agreement.) Present—Williams, P. J., Bastow, Goldman, Halpern and MeClusky, JJ.

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Bluebook (online)

13 A.D.2d 716, 213 N.Y.S.2d 487, 1961 N.Y. App. Div. LEXIS 11578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cinelli-v-sager-nyappdiv-1961.

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