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PICKARD v. KOENIGSTREUTER

48 N.Y.2d 652 (1979)

Thomas Pickard, Respondent, v. Otto Koenigstreuter, Appellant, and Martin H. Van Buren, Respondent. (Action No. 1.) Martin Van Buren et al., Respondents, v. Otto Koenigstreuter, Appellant. (Action No. 2.)

Court of Appeals of the State of New York.

Decided September 18, 1979.

Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the stipulation for judgment absolute, under the facts of this case, is illusory and frustrates the very purpose of CPLR 5601 (subd [c]) (Goldberg v Elkom Co., 36 N.Y.2d 914

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