People v. Brisket Buyers Ass'n of Greater New York, Inc.

Appellate Division of the Supreme Court of New York

People v. Brisket Buyers Ass'n of Greater New York, Inc.

255 A.D. 603, 8 N.Y.S.2d 511, 1938 N.Y. App. Div. LEXIS 4815

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

DecidedDecember 23, 1938

StatusPublished

This text of 255 A.D. 603 (People v. Brisket Buyers Ass'n of Greater New York, Inc.) 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

People v. Brisket Buyers Ass'n of Greater New York, Inc., 255 A.D. 603, 8 N.Y.S.2d 511, 1938 N.Y. App. Div. LEXIS 4815 (N.Y. Ct. App. 1938).

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Opinions

Per Curiam.

The consent of the president of the membership corporation to the. entry of judgment against the corporation is the only valid consent in this record. That such judgment may have some force against the individuals does not justify the entry of a personal judgment against the individual appellants by one whose authority to give consent had expired.

The order of November 26, 1937, denying motion to vacate the judgment entered May 21, 1937, and the order of March 18, 1938, adhering upon reargument to the original decision, should be reversed in so far as they denied the motion to vacate the judgment against the individual defendants, and the motion to that extent granted, and in other respects the said orders should be affirmed, with twenty dollars costs and disbursements to the appellants. The order of December 17, 1937, denying motion of defendant Brodie to vacate the judgment, should be reversed and the motion granted, without costs. The appeal from the order of January 8, 1938, denying motion for reargument should be dismissed, without costs.

Martin, P. J., Townley, Cohn and Callahan, JJ., concur; Dore, J., dissents and votes for affirmance.

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Per Curiam.

The consent of the president of the membership corporation to the. entry of judgment against the corporation is the only valid consent in this record. That such judgment may have some force against the individuals does not justify the entry of a personal judgment against the individual appellants by one whose authority to give consent had expired.

The order of November 26, 1937, denying motion to vacate the judgment entered May 21, 1937, and the order of March 18, 1938, adhering upon reargument to the original decision, should be reversed in so far as they denied the motion to vacate the judgment against the individual defendants, and the motion to that extent granted, and in other respects the said orders should be affirmed, with twenty dollars costs and disbursements to the appellants. The order of December 17, 1937, denying motion of defendant Brodie to vacate the judgment, should be reversed and the motion granted, without costs. The appeal from the order of January 8, 1938, denying motion for reargument should be dismissed, without costs.

Martin, P. J., Townley, Cohn and Callahan, JJ., concur; Dore, J., dissents and votes for affirmance.

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Bluebook (online)

255 A.D. 603, 8 N.Y.S.2d 511, 1938 N.Y. App. Div. LEXIS 4815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brisket-buyers-assn-of-greater-new-york-inc-nyappdiv-1938.