Ermiger v. Gross

Appellate Division of the Supreme Court of New York

Ermiger v. Gross

125 A.D.2d 957, 510 N.Y.S.2d 47, 1986 N.Y. App. Div. LEXIS 63140

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

DecidedDecember 19, 1986

StatusPublished

This text of 125 A.D.2d 957 (Ermiger v. Gross) 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

Ermiger v. Gross, 125 A.D.2d 957, 510 N.Y.S.2d 47, 1986 N.Y. App. Div. LEXIS 63140 (N.Y. Ct. App. 1986).

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Opinion

— Order unanimously reversed, on the law, without costs, and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with the following memorandum: The parties entered into a settlement agreement which permitted the filing of a confession of judgment upon defendant’s failure to comply with the agreement’s financial provisions. Plaintiff filed this confession of judgment and defendant moved to vacate. Conflicting affidavits and supporting proof having been submitted as to whether defendant breached the agreement’s financial provisions, it was error for Special Term to deny defendant’s motion without a hearing (Ripoll v Rodriguez, 53 AD2d 638; Mittman v Mittman, 33 AD2d 573). (Appeal from order of Supreme Court, Onondaga County, Shaheen, J. — vacate judgment.) Present — Doerr, J. P., Green, Balio, Lawton and Schnepp, JJ.

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— Order unanimously reversed, on the law, without costs, and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with the following memorandum: The parties entered into a settlement agreement which permitted the filing of a confession of judgment upon defendant’s failure to comply with the agreement’s financial provisions. Plaintiff filed this confession of judgment and defendant moved to vacate. Conflicting affidavits and supporting proof having been submitted as to whether defendant breached the agreement’s financial provisions, it was error for Special Term to deny defendant’s motion without a hearing (Ripoll v Rodriguez, 53 AD2d 638; Mittman v Mittman, 33 AD2d 573). (Appeal from order of Supreme Court, Onondaga County, Shaheen, J. — vacate judgment.) Present — Doerr, J. P., Green, Balio, Lawton and Schnepp, JJ.

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Bluebook (online)

125 A.D.2d 957, 510 N.Y.S.2d 47, 1986 N.Y. App. Div. LEXIS 63140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ermiger-v-gross-nyappdiv-1986.

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