Wadler v. Wadler

57 N.Y.2d 837 Court N.Y. Decision date 1982-10-07 English

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p. 837

David Wadler, an Infant, by His Father and Natural Guardian, Gary Wadler, et al., Respondents, v Akiva Wadler, Defendant, and Ephraim Rubin, Appellant.

Decided October 7, 1982

Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the stipulation for judgment absolute, under the facts in this case, is illusory and frustrates the purpose of CPLR 5601 (subd [c]) (see Welty v Brown, 42 NY2d 995 ).

Judge Fuchsberg taking no part.