Opinion
November, 1915.
Lind Pfeiffer (Alexander Pfeiffer, of counsel), for appellant.
Alfonso Bivona, for respondent.
One justice of the Municipal Court has no authority to vacate a judgment entered after a trial before another justice on the ground of irregularities in that trial. Moreover, there was no irregularity in conducting the trial without a stenographer where that was done upon stipulation of both sides. The stipulation was in the interest of economy, and evidently contemplated the waiver of an appeal Dubuc v. Lazell, Dalley Co., 182 N.Y. 482. I know of no reason why a stipulation in an action in the Municipal Court is not just as binding as a stipulation in an action in any other court.
Order reversed, with ten dollars costs, and judgment reinstated; judgment to be set off against the costs of appeal.
BIJUR and PAGE, JJ., concur.
Order reversed, with ten dollars costs, and judgment reinstated.