K & S Installations, Inc. v. Dart Mechanical Corp.

Appellate Division of the Supreme Court of New York

K & S Installations, Inc. v. Dart Mechanical Corp.

80 A.D.2d 601, 436 N.Y.S.2d 43, 1981 N.Y. App. Div. LEXIS 10291

Appellate Division of the Supreme Court of the State of New York·Decided February 17, 1981·Published·Cited by 4 cases

Opinion

In consolidated actions to recover damages, inter alia, for breach of trust and breach of contract, defendant Flushing Savings Bank appeals from (1) an order of the Supreme Court,' Suffolk County, dated July 1, 1980, which denied its motion to vacate a stipulation of settlement and (2) a judgment of the same court, entered July 11, 1980, upon its default in the terms of the stipulation of settlement, awarding to plaintiff Dart Mechanical Corporation the sum of $25,000 plus interest. Appeal from the judgment dismissed. No appeal lies from a judgment entered upon default (see CPLR 5511; cf. CPLR 3215, subd [h]). Order affirmed. No opinion. Respondent Dart is awarded one bill of $50 costs and disbursements to cover both appeals. Hopkins, Damiani, Lazer and Thompson, JJ., concur.

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In consolidated actions to recover damages, inter alia, for breach of trust and breach of contract, defendant Flushing Savings Bank appeals from (1) an order of the Supreme Court,' Suffolk County, dated July 1, 1980, which denied its motion to vacate a stipulation of settlement and (2) a judgment of the same court, entered July 11, 1980, upon its default in the terms of the stipulation of settlement, awarding to plaintiff Dart Mechanical Corporation the sum of $25,000 plus interest. Appeal from the judgment dismissed. No appeal lies from a judgment entered upon default (see CPLR 5511; cf. CPLR 3215, subd [h]). Order affirmed. No opinion. Respondent Dart is awarded one bill of $50 costs and disbursements to cover both appeals. Hopkins, Damiani, Lazer and Thompson, JJ., concur.

K & S Installations, Inc. v. Dart Mechanical Corp., 80 A.D.2d 601, 436 N.Y.S.2d 43, 1981 N.Y. App. Div. LEXIS 10291 (N.Y. Ct. App. 1981).

Pincite

80 A.D.2d 601 (K & S Installations, Inc. v. Dart Mechanical Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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