LOWELL ADAMS DISC. CO. INC. v. CARTER


5 Misc.2d 562 (1956)

Lowell Adams Discount Co., Inc., Appellant, v. Lester Carter, Respondent.

Supreme Court, Appellate Term, First Department.

November 1, 1956.


Attorney(s) appearing for the Case

Eugene Brooks for appellant.

David R. Rubin for respondent.

EDER, HECHT and TILZER, JJ., concur.


Per Curiam.

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...

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