ATLAS v. BERMAN


279 A.D. 951 (1952)

Louis Atlas, Respondent, v. Edward H. Berman, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1952.


Appellant commenced an action in Justice's Court against respondent. The latter commenced an action against appellant in the County Court of Sullivan County. By stipulation the two actions were consolidated. No reservation as to costs was noted. Appellant was given the right to open and close. Upon a trial a jury returned a verdict of no cause for action in both claims. The County Court held that it was the intent of the parties, as evidenced by their stipulation, to make...

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