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Campbell v. Bussing

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1948
274 App. Div. 893 (N.Y. App. Div. 1948)

Opinion

October 11, 1948.


Order granting respondent's motion to vacate an order of reference reversed on the law, with $10 costs and disbursements, and the motion denied, without costs. The stipulation for a reference made by plaintiff's attorney was binding on her even though made without her express consent. The court has control over stipulations and power to relieve from the terms thereof when the parties can be placed in statu quo. But the stipulation will not be destroyed without a showing of good cause therefor, such as fraud, collusion, mistake, accident, or some other ground of the same nature; and no such ground has been shown. Carswell, Acting P.J., Johnston, Adel and Sneed, JJ., concur; Nolan, J., dissents and votes to affirm.


Summaries of

Campbell v. Bussing

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1948
274 App. Div. 893 (N.Y. App. Div. 1948)
Case details for

Campbell v. Bussing

Case Details

Full title:RACHEL S. CAMPBELL, Respondent, v. CAROLINE BUSSING, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 11, 1948

Citations

274 App. Div. 893 (N.Y. App. Div. 1948)

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