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MTR. OF LETO CONSTR. v. HERKIMER CONSTR.

8 A.D.2d 1 (1959)

In the Matter of S. Leto Construction Corp., Respondent-Appellant, v. Herkimer Construction Corp. et al., Judgment Debtors, and First National Bank of Herkimer, Appellant-Respondent

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

April 23, 1959.

Attorney(s) appearing for the Case

Philip O'Donnell for appellant-respondent.

Morton M. Z. Lynn for respondent-appellant.

Louis J. Lefkowitz, Attorney-General.

FOSTER, P. J., BERGAN, COON, GIBSON and HERLIHY, JJ., concur.

Per Curiam.

On June 2, 1958 a judgment in favor of plaintiff S. Leto Construction Corp. was entered in the Supreme Court against Herkimer Construction Corp. for $3,582.13. The judgment was entered by the clerk without application to the court.

It was not supported by a judgment roll. An affidavit was filed by the attorney for plaintiff that a stipulation had not been complied with, and this was the sole basis...

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