Pollock v. Platt

Appellate Terms of the Supreme Court of New York

Decided February 15, 1906

Appellate Terms of the Supreme Court of New York · decided 1906-02-15

Appeal by the plaintiffs from a judgment in favor of the defendant rendered in the Municipal Court of the city of New York, Eleventh District, borough of Manhattan.

Decided 1906-02-15

Per Curiam.

¶1This cause was submitted to the justice upon an agreed statement of facts, which was not, however, accompanied by the affidavit prescribed by section 241 of the *636Municipal Court Act. The submission was, therefore, ineffective and the justice had no authority to award a judgment thereon.

¶2Present: Scott, Giegerich and Greehbaum:, JJ.

¶3Judgment reversed and new trial ordered, without cost» to either party.