Milpac Dyeing Co. v. B & B Sweater Mills, Inc.
This text of 28 Misc. 2d 548 (Milpac Dyeing Co. v. B & B Sweater Mills, Inc.) 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
The stipulation of discontinuance made in open court before a Justice thereof, consented to by defendant’s president and entered on the record by the official stenographer, terminated the action and the court was thereafter without power to summarily vacate the stipulation (Lowell Adams Discount Co. v. Carter, 5 Misc 2d 562 ; Boericke & Tafel v. Gold, 88 N. Y. S. 2d 726).
The order should be reversed, with $10 costs, and motion denied.
Concur—Hecht, J. P., Stbuer and Timer, JJ.
Order reversed, etc.
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Cite This Page — Counsel Stack
28 Misc. 2d 548, 208 N.Y.S.2d 109, 1960 N.Y. Misc. LEXIS 2114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milpac-dyeing-co-v-b-b-sweater-mills-inc-nyappterm-1960.