Pickard v. Koenigstreuter

48 N.Y.2d 652 | NY | 1979

Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, 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).