People v. Syracuse Milk Dealer, Inc.

Appellate Division of the Supreme Court of New York

People v. Syracuse Milk Dealer, Inc.

10 A.D.2d 812, 197 N.Y.S.2d 897, 1960 N.Y. App. Div. LEXIS 11266

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

DecidedMarch 16, 1960

StatusPublished

This text of 10 A.D.2d 812 (People v. Syracuse Milk Dealer, 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. Syracuse Milk Dealer, Inc., 10 A.D.2d 812, 197 N.Y.S.2d 897, 1960 N.Y. App. Div. LEXIS 11266 (N.Y. Ct. App. 1960).

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Opinion

Appeal dismissed unless printed records and briefs are filed and served on or before March 28, 1960; respondent’s brief must be filed on or before April 14, 1960, if appeal is to be argued at May 1960 Term. (See rule VIII of the rules of this court.) Motions of appellants to be relieved of the questioned stipulation denied. Memorandum: The stipulation was made in July, 1959. In its decision of November 12, 1959 Special Term found that by executing the stipulation the defendants “ waived whatever rights they may have had to claim that the amended complaint failed to meet the requirements of the (prior) order of the Special Term.”, passing upon the sufficiency of the original complaint. In the light of this statement in the court’s formal decision it is difficult to reconcile the present averments of counsel that they did not understand the plain language of the stipulation until a motion was made in this court in January, 1960 to dismiss the appeals. Seven months have elapsed since the making of the stipulation and nearly four months have passed since the finding of Special Term that the rights of appellants ■ were waived by executing the stipulation. We conclude, without reaching the merits, that the loches of the appellants bar relief from the stipulation. (Orders entered March 10.)

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Appeal dismissed unless printed records and briefs are filed and served on or before March 28, 1960; respondent’s brief must be filed on or before April 14, 1960, if appeal is to be argued at May 1960 Term. (See rule VIII of the rules of this court.) Motions of appellants to be relieved of the questioned stipulation denied. Memorandum: The stipulation was made in July, 1959. In its decision of November 12, 1959 Special Term found that by executing the stipulation the defendants “ waived whatever rights they may have had to claim that the amended complaint failed to meet the requirements of the (prior) order of the Special Term.”, passing upon the sufficiency of the original complaint. In the light of this statement in the court’s formal decision it is difficult to reconcile the present averments of counsel that they did not understand the plain language of the stipulation until a motion was made in this court in January, 1960 to dismiss the appeals. Seven months have elapsed since the making of the stipulation and nearly four months have passed since the finding of Special Term that the rights of appellants ■ were waived by executing the stipulation. We conclude, without reaching the merits, that the loches of the appellants bar relief from the stipulation. (Orders entered March 10.)

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Bluebook (online)

10 A.D.2d 812, 197 N.Y.S.2d 897, 1960 N.Y. App. Div. LEXIS 11266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-syracuse-milk-dealer-inc-nyappdiv-1960.