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Dependable Printed Circuit Corp. v. Mnemotron

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1964
22 A.D.2d 911 (N.Y. App. Div. 1964)

Opinion

December 21, 1964


In an action to recover a balance due under a contract for the sale of goods, in which a judgment had been entered "dismissing the action with prejudice," the defendant appeals from a later judgment of the Supreme Court, Rockland County, entered January 24, 1964, which: (a) in effect, granted plaintiff's motion to resettle the original judgment so as to strike therefrom the phrase "with prejudice" and to substitute therefor the phrase "without prejudice;" and (b) which resettled the original judgment accordingly. Resettled judgment reversed, with $10 costs and disbursements; plaintiff's motion to resettle denied; and original judgment directed to be reinstated. In our opinion, the resettlement herein changed the judgment in a matter of substance, and the Special Term had no revisory power over the judgment to effect such a change (see Herpe v. Herpe, 225 N.Y. 323). Ughetta, Acting P.J., Christ, Brennan, Hill and Hopkins, JJ., concur.


Summaries of

Dependable Printed Circuit Corp. v. Mnemotron

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1964
22 A.D.2d 911 (N.Y. App. Div. 1964)
Case details for

Dependable Printed Circuit Corp. v. Mnemotron

Case Details

Full title:DEPENDABLE PRINTED CIRCUIT CORPORATION, Respondent, v. MNEMOTRON…

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

Date published: Dec 21, 1964

Citations

22 A.D.2d 911 (N.Y. App. Div. 1964)

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