
    (92 Misc. Rep. 211)
    BORGIA & PATANE, Inc., v. PARIS.
    (Supreme Court, Appellate Term, First Department.
    November 3, 1915.)
    1. Courts <@=189—Municipal Courts—Vacation of Judgment.
    One justice of the New York Municipal Court has no authority, on ground of irregularities, to vacate a judgment entered after trial before another justice.
    [Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 409, 412, 413, 429, 458; Dec. Dig. <@=>189.]
    2. Courts <@=190—Municipal Courts—Stipulation—Validity.
    A stipulation, in an action in the New York Municipal Court, that trial should be conducted without a stenographer, being made in the interest of economy, and evidently contemplating waiver of an appeal, is valid.
    [Ed. Note.—For other cases, see Courts, Dec. Dig. <@=190; Appeal and Error, Cent. Dig. § 103.]
    other cases see same topic & KEY-NUMBER, in all Key-Numbered Digests & Indexes
    Appeal from Municipal Court, Borough of Manhattan, First District.
    Action by Borgia & Patane, Incorporated, against Nathan Paris. From an order of the Municipal Court, vacating and setting aside a judgment for defendant after trial before the court, defendant appeals. Order reversed, and judgment reinstated.
    Argued October term, 1915, before BIJUR, PAGE, and SHEARN, JJ.
    Lind & Pfeiffer, of New York City (Alexander Pfeiffer, of New York City, of counsel), for appellant.
    Alfonso Bivona, of New York City, for respondent.
   SHEARN, J.

One justice of the Municipal Court has no a a justice on the ground of irregularities in that trial. Moreover, there was no irregularity in conducting the trial without a stenographer, where that was done upon stipulation of both sides. The stipulation was in the interest of economy, and evidently contemplated the waiver of an appeal. Dubuc v. Lazell, Dailey & Co., 182 N. Y. 482, 75 N. E. 401. I know of no' reason why a stipulation in an action in the Municipal Court is not just as binding as a stipulation in an .action in any other court.

Order reversed, with $10 costs, and judgment reinstated; judgment to be set off against the costs of appeal. All concur. .  