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MILPAC DYEING CO. v. B & B SWEATER MILLS

28 Misc.2d 548 (1960)

Milpac Dyeing Co., Inc., Appellant, v. B & B Sweater Mills, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

December 1, 1960

Attorney(s) appearing for the Case

Irving J. Katz for appellant.

Concur — HECHT, J. P., STEUER and TILZER, JJ.

Per Curiam.

The stipulation of discontinuance made in open court before a Justice thereof, consented to by defendant's president and entered on the record by the official stenographer, terminated the action and the court was thereafter without power to summarily vacate the stipulation (Lowell Adams Discount Co. v. Carter, 5 Misc.2d 562; Boericke & Tafel v. Gold, 88 N.Y.S.2d 726).

The order should...

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