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LEVY v. LEVY

284 A.D. 983 (1954)

Anna Levy, Respondent, v. Isaac Levy, Appellant. (Action No. 1.) Isaac Levy, Plaintiff, v. Anna Levy, Defendant. (Action No. 2.)

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

November 22, 1954.

Order reversed, without costs, and motion denied.

It was clearly intended to terminate Action No. 1 by the stipulation of discontinuance. Under the circumstances herein, the failure of the attorneys for the parties to sign the stipulation was a mere irregularity which does not render the stipulation invalid. (Manufacturers Mut. Fire Ins. Co. v. Hopson, 176 Misc. 220, affd. 262 App. Div. 731.) The court should not have vacated this stipulation summarily on motion...

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