Merrill v. Lehigh Valley Railroad
246 A.D. 541
| N.Y. App. Div. | 1935

Order denying motion for entry of judgment in favor of the plaintiff after his death, under the provisions of sections 476 and 478 of the Civil Practice Act, affirmed, without costs. The facts concerning the settlement alleged to have been made are in dispute, and the plaintiff is not entitled to enter judgment on the alleged agreement of settlement. Lazansky, P. J., Scudder, Tompkins, Davis and Johnston, JJ., concur.