Faruolo v. Rafanelli
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. . Action by Charles R. Faruolo against George Rafanelli. From a judgment for defendant, plaintiff appeals. Reversed.
1Opinion of the CourtFreedman, P. J.
In this action the respondent concedes that the court below did not render a judgment within the 14 days required by the statute, and that the judgment is a nullity. In such a case the court below loses jurisdiction, and, where an inferior court has rendered a judgment without jurisdiction, the appellate court may so far act as to reverse the judgment for want, of jurisdiction. MacMahon v. Rauhr, 47 N. Y. 67; Lambert v. Salomon, 28 Misc. Rep. 562, 59 N. Y. Supp: 676. The respondent urges, however, that, inasmuch as he at several times has by written stipulation offered to allow the judgment…
2Cases cited4 opinions
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Lambert v. SalomonAppellate Terms of the Supreme Court of New York · 1899
- Harding v. Ellston, New York County Courts1890
- Wood v. BrownNew York Court of Common Pleas · 1876