Davidson v. Hicks

38 Misc. 2d 858, 238 N.Y.S.2d 910, 1962 N.Y. Misc. LEXIS 2213
Appellate Terms of the Supreme Court of New York·Decided November 30, 1962·Published·Cited by 1 cases

Opinion

Per Curiam.

The stipulations were unaccompanied by an affidavit as required by section 155 of the Nassau County District Court Act. (L. 1939, ch. 274, as amd. by L. 1939, ch. 719.) Accordingly the trial court lacked jurisdiction to render judgment.

The judgment should be unanimously reversed, without costs, and a new trial ordered.

Hart, Di Giovanna and Brown, JJ.

Judgment reversed, etc.

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Davidson v. Hicks, 38 Misc. 2d 858, 238 N.Y.S.2d 910, 1962 N.Y. Misc. LEXIS 2213 (N.Y. Ct. App. 1962).

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