Unger v. Herscovitz

Plaintiff sued to recover $50 for medical services rendered to the defendants. Defendants counterclaimed for $5,000 for malpractice. The action was never noticed for trial. The defendants moved to dismiss the action, pursuant to section 126 of the Municipal Court Code. On the argument of this motion a *754stipulation was entered into between the parties as follows: “ It is hereby agreed that this motion, including the counterclaim, be dismissed.”

On January 7, 1929, a judgment for costs in the sum of thirty-seven dollars and fifty cents was entered against the defendants, based on the dismissal of…