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

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

DecidedFebruary 17, 1981

StatusPublished

Cited by4 cases

This text of 80 A.D.2d 601 (K & S Installations, Inc. v. Dart Mechanical 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

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).

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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.

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Bluebook (online)

80 A.D.2d 601, 436 N.Y.S.2d 43, 1981 N.Y. App. Div. LEXIS 10291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/k-s-installations-inc-v-dart-mechanical-corp-nyappdiv-1981.

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