Marcus Substructure Corp. v. 926 Park Ave. Corp.

Appellate Division of the Supreme Court of New York

Marcus Substructure Corp. v. 926 Park Ave. Corp.

27 A.D.2d 653, 277 N.Y.S.2d 1011, 1967 N.Y. App. Div. LEXIS 4979

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

DecidedJanuary 24, 1967

StatusPublished

This text of 27 A.D.2d 653 (Marcus Substructure Corp. v. 926 Park Ave. 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

Marcus Substructure Corp. v. 926 Park Ave. Corp., 27 A.D.2d 653, 277 N.Y.S.2d 1011, 1967 N.Y. App. Div. LEXIS 4979 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order entered August 22, 1966, granting motion for reargument, and, upon reargument, vacating judgment entered June 24, 1966, unanimously reversed, on the law and the facts, with $30 costs and disbursements to appellant, and judgment reinstated. Judgment was entered pursuant to a stipulation settling an action. The stipulation provided for the entry of judgment if any of its terms was- not complied with. Concededly, a confession of judgment by the guarantors of certain notes, one of the terms of the stipulation, was not delivered. Defendant had ample notice and opportunity to make [654]*654delivery and the failure must be deemed deliberate. Concur —■ Stevens, J. P., Steuer, Capozzoli and Rabin, JJ.

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Order entered August 22, 1966, granting motion for reargument, and, upon reargument, vacating judgment entered June 24, 1966, unanimously reversed, on the law and the facts, with $30 costs and disbursements to appellant, and judgment reinstated. Judgment was entered pursuant to a stipulation settling an action. The stipulation provided for the entry of judgment if any of its terms was- not complied with. Concededly, a confession of judgment by the guarantors of certain notes, one of the terms of the stipulation, was not delivered. Defendant had ample notice and opportunity to make [654]*654delivery and the failure must be deemed deliberate. Concur —■ Stevens, J. P., Steuer, Capozzoli and Rabin, JJ.

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Bluebook (online)

27 A.D.2d 653, 277 N.Y.S.2d 1011, 1967 N.Y. App. Div. LEXIS 4979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcus-substructure-corp-v-926-park-ave-corp-nyappdiv-1967.