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Spells v. Foley

55 N.Y.2d 922 Court N.Y. Decision date 1982-02-09 English

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p. 922
James Spells et al., Respondents, v Eliza Foley et al., Appellants.
Submitted February 8, 1982;
decided February 9, 1982

Appeal dismissed, without costs, by the Court of Appeals sua sponte, 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 ).

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