MENCHER v. BIRNBAUM


4 A.D.2d 870 (1957)

Harry D. Mencher, Appellant, v. Saul I. Birnbaum et al., Individually and as Copartners Doing Business as Birnbaum & Birnbaum, et al., Respondents, et al., Defendants

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

October 22, 1957


Order unanimously reversed, with $20 costs and disbursements to the appellant, and the matter remitted to Special Term.

The record on this appeal does not comply with the requirements of rule 234 of the Rules of Civil Practice. The record is also insufficient to disclose the facts as to whether or not the provision in the stipulation for the entry of judgment in the amount of $32,100 was a penalty provision. The collateral agreement referred to in the brief was not...

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