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Thomassen v. J & K Diner, Inc.

76 N.Y.2d 771 Court N.Y. Decision date 1990-06-14 English

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p. 771
Jane Thomassen, Respondent, v J & K Diner, Inc., Doing Business as Concord Restaurant-Diner, et al., Appellants. (And a Third-Party Action.)
Decided June 14, 1990

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 purpose of CPLR 5601 (c) (Goldberg v Elkom Co., 36 NY2d 914 ).

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