Sacco v. Profit
Appellate Division of the Supreme Court of the State of New York
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
- Mitchell v. New York HospitalNew York Court of Appeals · 1984
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
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