Davidson v. Hicks

Full title: WALTER E. DAVIDSON et al., Respondents, v. KENNETH T. HICKS, Appellant

Court: Supreme Court, Appellate Term, Second Department

Date published: Nov 30, 1962

38 Misc. 2d 858 (N.Y. App. Term 1962)

238 N.Y.S.2d 910

Opinion

November 30, 1962

Appeal from the District Court of the County of Nassau, BERNARD TOMSON, J.

Maurice J. Daly for appellant.

McKeown Castellano ( Lawrence W. McKeown of counsel), for respondents.

Per Curiam.

The stipulations were unaccompanied by an affidavit as required by section 155 of the Nassau County District Court Act. (L. 1939, ch. 274, as amd. by L. 1939, ch. 719.) Accordingly the trial court lacked jurisdiction to render judgment.

The judgment should be unanimously reversed, without costs, and a new trial ordered.

HART, DI GIOVANNA and BROWN, JJ.

Judgment reversed, etc.