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

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

DecidedDecember 21, 1964

StatusPublished

Cited by5 cases

This text of 22 A.D.2d 911 (Dependable Printed Circuit Corp. v. Mnemotron 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

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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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.

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Bluebook (online)

22 A.D.2d 911, 255 N.Y.S.2d 638, 1964 N.Y. App. Div. LEXIS 2464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dependable-printed-circuit-corp-v-mnemotron-corp-nyappdiv-1964.

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