Imor v. Imor

Mahoney, P. J., and Levine, J.,

dissent and vote to reverse in a memorandum by Levine, J. Levine, J. (dissenting). We agree with the majority that the judgment herein is not subject to vacatur on the sole fact that the stipulation was entered into without compliance with the formal requisites for discharge of defendant’s attorney of record under CPLR 321 (b) (cf. Moustakas v Bouloukos, 112 AD2d 981). Nevertheless, we are of the view that the facts averred in defendant’s motion to vacate were sufficient to require an evidentiary hearing and that, therefore, it was error for Special Term to have…