Appellate Terms of the Supreme Court of New York, 1962

Davidson v. Hicks

Appellate Terms of the Supreme Court of New York · Decided November 30, 1962

38 Misc. 2d 858; 238 N.Y.S.2d 910; 1962 N.Y. Misc. LEXIS 2213

Counsel

Maurice J. Daly for appellant. McKeown é Castellano (Lawrence W. McKeown of counsel), for respondents.

Opinion of the Court

Per Curiam.

The stipulations were unaccompanied by an affidavit as required by section 155 of the Nassau County District Court Act. (L. 1939, ch. 274, as amd. by L. 1939, ch. 719.) Accordingly the trial court lacked jurisdiction to render judgment.

The judgment should be unanimously reversed, without costs, and a new trial ordered.

Hart, Di Giovanna and Brown, JJ.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.