Legal Opinion

Sacco v. Profit

Appellate Division of the Supreme Court of the State of New York

Decided September 30, 1987PublishedCited by 5 opinions

1Opinion of the Court

— Appeal unanimously dismissed without costs. Memorandum: By stipulation on the record, respondent Profit agreed not to appeal from the court’s determination. Parties are free to chart their own litigation course and may stipulate that the decision of a lower court shall be final, thus waiving their right of appeal (Matter of New York, Lackawanna & W. R. R. Co., 98 NY 447, 453; see also, Mitchell v New York Hosp., 61 NY2d 208, 214). (Appeal from order of Supreme Court, Niagara County, Doyle, J.) Present — Callahan, J. P., Doerr, Boomer, Balio and Law-ton, JJ. (Order entered Sept. 3, 1987.)

2Cases cited2 opinions

  1. Mitchell v. New York HospitalNew York Court of Appeals · 1984
  2. Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885

3Cited by5 opinions

  1. City of New York v. DavisAppellate Division of the Supreme Court of the State of New York · 1995
  2. Meliani v. MelianiAppellate Division of the Supreme Court of the State of New York · 1990
  3. Navidea Biopharmaceuticals, Inc. and MacRophage Therapeutics, Inc. v. Capital Royalty Partners II, L.P., Capital Royalty Partners II - Parallel Fund "A", L.P., Capital Royalty Partners II (Cayman) L.P., and Capital Royalty Partners II - Parallel Fund "B" (Cayman) L.P., Texas Court of Appeals, 14th District (Houston)2019
  4. Oneida County Department of Social Services v. YeomansAppellate Division of the Supreme Court of the State of New York · 2008
  5. Oneida County Department of Social Services v. YeomansAppellate Division of the Supreme Court of the State of New York · 2008