Legal Opinion

Happel v. City of New York

New York Supreme Court

Decided June 28, 1909Published

Action by Theresa: Happel, as administratrix of Raymond Happel, deceased, against the City of New York. Plaintiff moves to vacate a judgment and restore the cause to the day calendar.

1Opinion of the CourtGiegerich, J.

The plaintiff by this motion seeks to have a certain compromise judgment heretofore entered in this action set aside, and also a certain satisfaction piece of the judgment canceled, and the action restored to the day calendar, on the ground that the 'attorney who entered the judgment and executed the satisfaction piece had no authority to do either.

On July 25, 1905, the plaintiff was appointed by the Surrogate’s Court administratrix of her son, Raymond Happel, deceased, for the *628sole purpose of prosecuting an action for negligence against the defendant for causing the death of the intestate.…

2Cases cited3 opinions

  1. Lewis v. . DuaneNew York Court of Appeals · 1894
  2. Diamond Soda Water Manufacturing Co. v. J. N. Hegeman & Co.Appellate Division of the Supreme Court of the State of New York · 1902
  3. People v. Fitz-GeraldAppellate Division of the Supreme Court of the State of New York · 1909

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