Dependable Printed Circuit Corp. v. Mnemotron Corp.

Appellate Division of the Supreme Court of New York

Dependable Printed Circuit Corp. v. Mnemotron Corp.

22 A.D.2d 911, 255 N.Y.S.2d 638, 1964 N.Y. App. Div. LEXIS 2464

Appellate Division of the Supreme Court of the State of New York·Decided December 21, 1964·Published·Cited by 5 cases

Opinion

In an action to recover a balance due under a contract for the sale of goods, in which a judgment had been entered “ dismissing the action with prejudice,” the defendant appeals from a later judgment of the Supreme Court, Rockland County, entered January 24, 1964, which: (a) in effect, granted plaintiff’s motion to resettle the original judgment so as to strike therefrom the phrase “with prejudice” and to substitute therefor the phrase “without prejudice;” and (to) which resettled the original judgment accordingly. Resettled judgment reversed, with $10 costs and disbursements; plaintiff’s motion to resettle denied; and original judgment directed to be reinstated. In our opinion, the resettlement herein changed the judgment in a matter of substance, and the Special Term had no revisory power over the judgment to effect such a change (see Herpe v. Herpe, 225 N. Y. 323). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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In an action to recover a balance due under a contract for the sale of goods, in which a judgment had been entered “ dismissing the action with prejudice,” the defendant appeals from a later judgment of the Supreme Court, Rockland County, entered January 24, 1964, which: (a) in effect, granted plaintiff’s motion to resettle the original judgment so as to strike therefrom the phrase “with prejudice” and to substitute therefor the phrase “without prejudice;” and (to) which resettled the original judgment accordingly. Resettled judgment reversed, with $10 costs and disbursements; plaintiff’s motion to resettle denied; and original judgment directed to be reinstated. In our opinion, the resettlement herein changed the judgment in a matter of substance, and the Special Term had no revisory power over the judgment to effect such a change (see Herpe v. Herpe, 225 N. Y. 323). Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

Dependable Printed Circuit Corp. v. Mnemotron Corp., 22 A.D.2d 911, 255 N.Y.S.2d 638, 1964 N.Y. App. Div. LEXIS 2464 (N.Y. Ct. App. 1964).

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22 A.D.2d 911 (Dependable Printed Circuit Corp. v. Mnemotron Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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