Goldberg v. Elkom Co.

Appeal dismissed by the Court of Appeals sua sponte, with costs, upon the ground that the stipulation for judgment absolute, under the facts of this case, is illusory and frustrates the very purpose of CPLR 5601 (subd [c]) (see 7 Weinstein-Korn-Miller, NY Civ Prac, par 5601.16, and 11 Carmody-Wait 2d, New York Practice, §§ 71:34, 71:35).