[Download] "Theodore M. Glass v. Meta P. Glass" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Theodore M. Glass v. Meta P. Glass
- Author : Supreme Court of New York
- Release Date : January 29, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Findings of fact insofar as they may be inconsistent herewith are reversed and new findings made as indicated herein. Appeal from order of said court dated September 12, 1967, which denied plaintiff's motion to resettle said order dated July 18, 1967 and to vacate the judgment, dismissed as academic, without costs. Service of the summons herein was contested and a traverse hearing was ordered. Upon the hearing plaintiff's counsel attempted to stipulate that the service of the summons be vacated without prejudice. Defendant's counsel asked that the stipulation be amended to be with prejudice. Counsel for plaintiff did not reply and the court stated that the stipulation was consented to and that the court agreed, provided it was made with prejudice. An order was accordingly made and judgment was entered dismissing the complaint with prejudice. Acquiescence of plaintiff in the abandonment of his cause of action can only be based upon his attorney's silence after consenting to the vacatur of the service of the summons. In our opinion this is too tenuous a ground upon which to base such a drastic result (cf. Bissell v. Village of Williamsville, 141 Misc. 758, 759).
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