HORODECYKYI v. HORODNIAK


19 Misc.2d 72 (1959)

John Horodecykyi et al., Plaintiffs, v. Joseph Horodniak Et Al., Defendants.

Supreme Court, Special Term, New York County.

June 12, 1959.


Attorney(s) appearing for the Case

Samuel S. Burman for plaintiffs.

Michael Rodyk for defendants.


ABRAHAM N. GELLER, J.

This is a motion by defendants to set aside a stipulation of discontinuance and restore the case to the Trial Calendar. Plaintiffs invoke the well-known rule that a stipulation of discontinuance upon stated terms constitutes a contract from which, absent explicit provision that the action be deemed pending until performance thereof, the parties may not be relieved by summary motion in the terminated action but only by plenary suit...

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