Friedman v. Collins
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Sarah Friedman against Sadie E. Collins. From an order opening plaintiff’s default, defendant appeals.
1Opinion of the CourtGiegerich, J.
The attorneys for the respective parties herein signed a stipulation in which they agreed “that the facts in this action are as follows,” and thereafter followed a statement of the facts. This stipulation was not accompanied by an affidavit to the effect that the controversy was real, etc., as provided by section 241 of the Municipal Court act (Laws 1902, c. 580), and consequently the justice had no right to entertain or act upon it. Pollock v. Platt, 49 Misc. Rep. 635, 97 N. Y. Supp. 990; Lax v. Fourteenth Street Store, 49 Misc. Rep. 627, 97 N. Y. Supp. 396.
This stipulation was filed, and…
Also in this document: Concurrence.
2Cases cited3 opinions
- Lax v. Fourteenth Street StoreAppellate Terms of the Supreme Court of New York · 1906
- Pollock v. PlattAppellate Terms of the Supreme Court of New York · 1906
- Droege v. HerzAppellate Terms of the Supreme Court of New York · 1905