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Mencher v. Birnbaum

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1957
4 A.D.2d 870 (N.Y. App. Div. 1957)

Opinion

October 22, 1957


Order unanimously reversed, with $20 costs and disbursements to the appellant, and the matter remitted to Special Term. The record on this appeal does not comply with the requirements of rule 234 of the Rules of Civil Practice. The record is also insufficient to disclose the facts as to whether or not the provision in the stipulation for the entry of judgment in the amount of $32,100 was a penalty provision. The collateral agreement referred to in the brief was not marked in evidence but as printed in the record appears to contain a reservation of rights against the defendants. For all these reasons the order appealed from should be reversed and the matter remitted to Special Term for the taking of further evidence, if necessary, and for the making of a proper record. In view of the condition of the record, appellant is not entitled to costs.

Concur — Peck, P.J., Breitel, Botein, Rabin and Valente, JJ. [See post, p. ____.]


Summaries of

Mencher v. Birnbaum

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1957
4 A.D.2d 870 (N.Y. App. Div. 1957)
Case details for

Mencher v. Birnbaum

Case Details

Full title:HARRY D. MENCHER, Appellant, v. SAUL I. BIRNBAUM et al., Individually and…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 22, 1957

Citations

4 A.D.2d 870 (N.Y. App. Div. 1957)