LaSalle Extension University v. Pappace

Appellate Terms of the Supreme Court of New York

LaSalle Extension University v. Pappace

152 Misc. 274, 273 N.Y.S. 198, 1934 N.Y. Misc. LEXIS 1458

Appellate Terms of the Supreme Court of New York·Decided June 21, 1934·Published·Cited by 3 cases

Opinion

Per Curiam.

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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Per Curiam.

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.

LaSalle Extension University v. Pappace, 152 Misc. 274, 273 N.Y.S. 198, 1934 N.Y. Misc. LEXIS 1458 (N.Y. Ct. App. 1934).

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