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Lowell Adams Discount Co. v. Lester Carter

Supreme Court, Appellate Term, First Department
Nov 1, 1956
5 Misc. 2d 562 (N.Y. App. Term 1956)

Opinion

November 1, 1956

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CHARLES MARKS, J.

Eugene Brooks for appellant.

David R. Rubin for respondent.


After the entry of judgment by plaintiff as a result of defendant's failure to answer, the parties entered into a written stipulation in which defendant conceded liability and agreed to settle the controversy on specific terms. The granting of defendant's motion to open the default, long after the execution of said stipulation, was improper since the relief afforded defendant ignored the stipulation and in effect set it aside. The Municipal Court lacks jurisdiction to set aside a stipulation made between parties in settlement of a controversy ( Boericke Tafel v. Gold, 88 N.Y.S.2d 726; Equitable Trust Co. v. MacLaire, 77 Misc. 116).

The order should be reversed, with $10 costs and motion denied.

EDER, HECHT and TILZER, JJ., concur.

Order reversed, etc.


Summaries of

Lowell Adams Discount Co. v. Lester Carter

Supreme Court, Appellate Term, First Department
Nov 1, 1956
5 Misc. 2d 562 (N.Y. App. Term 1956)
Case details for

Lowell Adams Discount Co. v. Lester Carter

Case Details

Full title:LOWELL ADAMS DISCOUNT CO., INC., Appellant, v. LESTER CARTER, Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 1, 1956

Citations

5 Misc. 2d 562 (N.Y. App. Term 1956)
159 N.Y.S.2d 27

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