Hammerstein v. Woodlawn Cemetery

The present controversy is submitted for determination upon an agreed statement of facts, without summons or pleadings, pursuant to section 218-a of the Civil Practice Act, and rule 118 of the Rules of Civil Practice and rule II-A of the Rules of this court adopted in implementation of this section. The case was tried during the September 1959 Term and the parties were given time for the submission of briefs. Because of the death of the defendant’s then counsel shortly before the case was reached for trial, there has been a substitution of counsel with resultant delay so that the final…