SEKUTERSKI v. EVERT


270 A.D.2d 828 (2000)

706 N.Y.S.2d 280

TIMOTHY R. SEKUTERSKI et al., Respondents, v. FRED C. EVERT, Individually and as Code Enforcement Officer of Village of Lancaster, et al., Appellants.

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

Decided March 29, 2000.


Judgment unanimously vacated without costs.

Memorandum:

The verified answer admitted all the allegations of the verified complaint except those relating to damages. The case was reached for trial, and during a conference telephone call with Supreme Court the parties' attorneys stipulated both to the truth of allegations 1 through 14 of the complaint and the amount of damages. Defendants' attorney then moved for judgment dismissing the complaint based on sovereign...

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