SAXTON v. SCHOPFER


279 A.D. 1134 (1952)

John Saxton et al., Respondents, v. Fred Schopfer, Appellant

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

May 7, 1952.


Order reversed on the law and facts, with $10 costs and disbursements, and motion to vacate judgment granted, with $10 costs, and case restored to the calendar for trial.

Memorandum:

As we view this, at the time of the application of the plaintiff for judgment upon prior settlement negotiations, it appeared that the parties, through their attorneys, had mutually stipulated to restore the case to the calendar for trial and that an order so restoring it had...

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