Schoenfeld v. Atomic Products Corp.

Full title: RICHARD A. SCHOENFELD, Respondent, v. ATOMIC PRODUCTS CORP., Appellant

Court: Court of Appeals of the State of New York

Date published: Dec 18, 1974

323 N.E.2d 710 (N.Y. 1974)

323 N.E.2d 710

364 N.Y.S.2d 177

Opinion

Submitted November 22, 1974

Decided December 18, 1974

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES R. THOM, J.

Harold W. Grubart for appellant.

Abrams Herman, P.C., for respondent.

Order reversed and a new trial granted, with costs to abide the event, on the dissenting memorandum at the Appellate Division with the added comment that a stipulation alone for a jury trial of all issues might not be sufficient, but in this case the stipulation had been converted into an order of the court.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.