LaSalle Extension University v. Pappace
This text of 152 Misc. 274 (LaSalle Extension University v. Pappace) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Once a case has been settled pursuant to stipulation it is finally terminated and may not be set down for trial on motion. The defendant, respondent’s remedy is not a motion to set aside the judgment entered pursuant to such settlement. [275]*275He may bring suit for breach of the terms of such stipulation. (Naegeli Furniture Co. v. Holstein, 175 N. Y. Supp. 779, and cases cited therein.)
Order reversed, with ten dollars costs, and motion denied.
All concur; present, Callahan, Frankenthaler and Shientag, JJ.
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Cite This Page — Counsel Stack
152 Misc. 274, 273 N.Y.S. 198, 1934 N.Y. Misc. LEXIS 1458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lasalle-extension-university-v-pappace-nyappterm-1934.