
    Borgia & Patane, Inc., Respondent, v. Nathan Paris, Appellant.
    (Supreme Court, Appellate Term, First Department,
    November, 1915.)
    Municipal Court of city of New York — authority of justice of — stipulation.
    One justice of the Municipal Court of the city of New York has no authority to vacate a judgment entered after a trial before another justice on tbe ground of irregularities committed on the trial.
    A stipulation that a trial in said court be conducted without a stenographer is binding on the parties.
    Appeal by defendant from an order of tbe Municipal . Court of the city of New York, borough of Manhattan, first district, which vacated and set aside a judgment entered herein after a trial before the court.
    Lind & Pfeiffer (Alexander Pfeiffer, of counsel), for appellant.
    Alfonso Bivona, for respondent.
   Shearn, J.

One justice of the Municipal Court has no authority to vacate a judgment entered after a trial before another 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, Dalley & Co., 182 N. Y. 482. 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 ten dollars costs, and judgment reinstated; judgment to be set off against the costs of appeal.

Blitir and Page, JJ., concur.

Order reversed, with ten dollars costs, and judgment reinstated.  