Goldstein v. David Peyser Sportswear, Inc.

Appellate Division of the Supreme Court of New York

Goldstein v. David Peyser Sportswear, Inc.

51 A.D.2d 742, 379 N.Y.S.2d 386, 1976 N.Y. App. Div. LEXIS 11261

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

DecidedFebruary 9, 1976

StatusPublished

This text of 51 A.D.2d 742 (Goldstein v. David Peyser Sportswear, Inc.) 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

Goldstein v. David Peyser Sportswear, Inc., 51 A.D.2d 742, 379 N.Y.S.2d 386, 1976 N.Y. App. Div. LEXIS 11261 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action inter alia to recover damages for breach of contract, defendant third-party plaintiff appeals from an order of the Supreme Court, Nassau County, dated May 20, 1975, which granted plaintiff’s motion to set aside a certain stipulation of settlement and restore the action to the Trial Calendar. Order affirmed, without costs or disbursements. In our view, under the circumstances herein, Special Term acted within its discretion in setting aside the stipulation of settlement. Since that stipulation provided, inter alia, for the withdrawal of an appeal pending in this court from an intermediate order entered during the course of this action, that appeal, which is from an order of the Supreme Court, Nassau County, dated September 5, 1974, is hereby restored to the April 1976 Term Calendar of this court. Hopkins, Acting P. J., Latham, Christ, Titone and Hawkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action inter alia to recover damages for breach of contract, defendant third-party plaintiff appeals from an order of the Supreme Court, Nassau County, dated May 20, 1975, which granted plaintiff’s motion to set aside a certain stipulation of settlement and restore the action to the Trial Calendar. Order affirmed, without costs or disbursements. In our view, under the circumstances herein, Special Term acted within its discretion in setting aside the stipulation of settlement. Since that stipulation provided, inter alia, for the withdrawal of an appeal pending in this court from an intermediate order entered during the course of this action, that appeal, which is from an order of the Supreme Court, Nassau County, dated September 5, 1974, is hereby restored to the April 1976 Term Calendar of this court. Hopkins, Acting P. J., Latham, Christ, Titone and Hawkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.2d 742, 379 N.Y.S.2d 386, 1976 N.Y. App. Div. LEXIS 11261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldstein-v-david-peyser-sportswear-inc-nyappdiv-1976.