McElroy v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Board of Education of the City of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 27th day of May, 1918, vacating and setting aside a judgment previously entered herein and setting the case down for trial.
1Opinion of the Court
Stapleton, J.:
The order from which the appeal is taken, made upon plaintiff’s motion, vacates and sets aside a judgment entered in his favor upon his acceptance of an offer by the defendant to allow the plaintiff to take judgment against it.
The judgment was entered on the 6th day of. February, 1912, and plaintiff collected upon it on the 26th day of February, 1912. This motion was noticed on the 6th day of May, 1913.
The only ground advanced by the plaintiff in support of the motion is that there was an oral understanding between the attorney for the plaintiff and the deputy and acting…
2Cases cited3 opinions
- Perry v. . DickersonNew York Court of Appeals · 1881
- Ward v. . Town of SouthfieldNew York Court of Appeals · 1886
- Davies v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
3Cited by2 opinions
- Burke v. Northern Pacific Railway Co.Washington Supreme Court · 1915
- Schwabe v. HerzogAppellate Division of the Supreme Court of the State of New York · 1914