Legal Opinion

Rubin v. Siegel

Appellate Division of the Supreme Court of the State of New York

Decided January 18, 1918PublishedCited by 4 opinions

Appeal by the plaintiff, Max Rubin, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of December, 1917, staying the trial of this action.

1Opinion of the Court

Scott, J.:

This action is for damages, stated at $30,000, for breach of contract. When the case came on for trial negotiations were had looking to a settlement and it was finally agreed between counsel that defendants should pay to plaintiff the sum of $3,750, and that the action should be discontinued. No written stipulation was entered into, but the cause was marked on the clerk’s calendar as settled and discontinued. The proposed settlement was never carried out because the plaintiff claimed that other considerations than the payment of the sum mentioned had been agreed upon. The result was…

2Cases cited1 opinion

  1. Smith v. CranfordNew York Supreme Court · 1895

3Cited by4 opinions

  1. Langlois v. LangloisAppellate Division of the Supreme Court of the State of New York · 1957
  2. Loblaw, Inc. v. WylieAppellate Division of the Supreme Court of the State of New York · 1975
  3. Moers v. MoersAppellate Division of the Supreme Court of the State of New York · 1919
  4. Minnamon v. WalshAppellate Division of the Supreme Court of the State of New York · 1936

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