Home/New York Court of Appeals/Employers' Liability Assurance Corp., Ltd. v. Daley

Employers' Liability Assurance Corp., Ltd. v. Daley

77 N.E.2d 515, 297 N.Y. 745, 1948 N.Y. LEXIS 874
CourtNew York Court of Appeals
DecidedJanuary 8, 1948
StatusPublished
Cited by14 cases

This text of 77 N.E.2d 515 (Employers' Liability Assurance Corp., Ltd. v. Daley) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Employers' Liability Assurance Corp., Ltd. v. Daley, 77 N.E.2d 515, 297 N.Y. 745, 1948 N.Y. LEXIS 874 (N.Y. 1948).

Opinion

Judgment affirmed, with costs. Upon this record we disregard, as did the parties and the Appellate Division, any implication from the agreed statement of facts that this is a submitted controversy pursuant to sections 546-548 of the Civil *747 Practice Act. We treat the judgment appealed from as an affirmance by the Appellate Division of a judgment entered upon a decision by Special Term after trial upon agreed facts. We also disregard the facts stipulated by the parties after the decision herein by the Appellate Division, which facts were not before that court.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Ftjld, JJ.

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Bluebook (online)
77 N.E.2d 515, 297 N.Y. 745, 1948 N.Y. LEXIS 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/employers-liability-assurance-corp-ltd-v-daley-ny-1948.