Santini Bros., Inc.,
v.
Smith

Appellate Division of the Supreme Court of New York, First DepartmentFeb 26, 1937
250 App. Div. 53 (N.Y. App. Div. 1937)
250 App. Div. 53293 N.Y.S. 765

Cases citing this case

How cited

  • Marshall v. Marshall

    …It was improper for Special Term to, in effect, materially alter the settlement reached by the parties on the…

lock 1 Citing casekeyboard_arrow_right

February 26, 1937.

Appeal from Supreme Court of Bronx County.

Louis Rosenzweig, for the appellant.

Louis B. Bruman, for the respondents.

Present — MARTIN, P.J., McAVOY, O'MALLEY, DORE and COHN, JJ.


The stipulation is enforcible but its meaning is sufficiently ambiguous to require the taking of oral proof of the surrounding facts and circumstances to determine the true meaning and intention of the parties.

The order appealed from entered December 4, 1936, should be reversed and the matter remitted to an official referee to take testimony and report to the Special Term, disposition of the motion to be held in abeyance until the coming in of the referee's report. The order denying motion for resettlement should be affirmed.


Order entered December 4, 1936, unanimously reversed and the matter remitted to an official referee to take testimony and report to the Special Term, disposition of the motion to be held in abeyance until the coming in of the referee's report. Order denying motion for resettlement unanimously affirmed.

Settle order on notice.