Davidson v. Hicks

38 Misc. 2d 858 | N.Y. App. Term. | 1962

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.

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