LaSalle Extension University v. Pappace

Full title: LASALLE EXTENSION UNIVERSITY, Appellant, v. JOSEPH PAPPACE, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Jun 21, 1934

152 Misc. 274 (N.Y. App. Term 1934)

273 N.Y.S. 198

Opinion

June 21, 1934.

Appeal from the Municipal Court of New York, Borough of Manhattan, Fourth District.

Reuben S. Levins, for the appellant.

Fred Goldman, for the respondent.

PER CURIAM.

Once a case has been settled pursuant to stipulation it is finally terminated and may not be set down for trial on motion. The defendant, respondent's remedy is not a motion to set aside the judgment entered pursuant to such settlement. He may bring suit for breach of the terms of such stipulation. ( Naegeli Furniture Co. v. Holstein, 175 N.Y.S. 779, and cases cited therein.)

Order reversed, with ten dollars costs, and motion denied.

All concur; present, CALLAHAN, FRANKENTHALER and SHIENTAG, JJ.