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New York Court of Appeals, 1982

Spells v. Foley

Spells v. Foley
New York Court of Appeals · Decided February 9, 1982
55 N.Y.2d 922; 449 N.Y.S.2d 190; 434 N.E.2d 259; 1982 N.Y. LEXIS 3113
Spells v. Foley

Opinion of the Court

Appeal dismissed, without costs, by the Court of Appeals sua sponte, 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]) (Goldberg v Elkom Co., 36 NY2d 914).

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