Tepper v. Tannenbaum

Order of the Supreme Court, New York County (Leonard N. Cohen, J.), entered April 3, 1981, which, sua sponte, held a stipulation entered into between the parties to be not binding upon the court, reversed, without costs, on the law, the facts and in the exercise of discretion, and the matter remanded to Cohen, J., for further proceedings in accordance with the stipulation. This action to recover a share of the profits resulting from certain building maintenance contracts was first tried in 1976 and resulted in a judgment in favor of defendants (Tepper v Tannenbaum, 87 Misc 2d 829). We…