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Snead Co. v. Brager Bros

City Court of New York, New York County
May 5, 1930
148 Misc. 603 (N.Y. City Ct. 1930)

Summary

In Snead Co. v. Brager Bros. (148 Misc. 603) and Greenwald v. Emex Realty Co. (173 Misc. 122) the stipulations terminated the actions, and thus there was no action pending before the court when the motion to modify the stipulations was made.

Summary of this case from Chase Manhattan Bank v. Porter Realty

Opinion

May 5, 1930.

Hunt, Hill Betts, for the plaintiff.

Elias Feinsod, for the defendant.


When this case was called for trial on the calendar it was answered "Settled," and a stipulation of settlement was placed upon the record. The terms of the settlement were that the plaintiff was to deliver a specified number of patterns to the defendant and the defendant was to pay $800. Plaintiff later discovered that it did not have the number of patterns specified, which, at the time of settling, it believed were in its possession. It makes this motion to be relieved of its stipulation and to restore the case for trial. This court has no power to grant the relief requested. Plaintiff's remedy is to bring an equitable action to set aside the stipulation and to recover upon its original claim. ( Equitable Trust Co. v. MacLaire, 77 Misc. 116.)

Motion denied; ten dollars costs. Order signed.


Summaries of

Snead Co. v. Brager Bros

City Court of New York, New York County
May 5, 1930
148 Misc. 603 (N.Y. City Ct. 1930)

In Snead Co. v. Brager Bros. (148 Misc. 603) and Greenwald v. Emex Realty Co. (173 Misc. 122) the stipulations terminated the actions, and thus there was no action pending before the court when the motion to modify the stipulations was made.

Summary of this case from Chase Manhattan Bank v. Porter Realty
Case details for

Snead Co. v. Brager Bros

Case Details

Full title:SNEAD CO., Plaintiff, v. BRAGER BROS., Defendant

Court:City Court of New York, New York County

Date published: May 5, 1930

Citations

148 Misc. 603 (N.Y. City Ct. 1930)
265 N.Y.S. 449

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