Fasano v. City of New York
| Decision Date | 09 November 1964 |
| Citation | 22 A.D.2d 799,254 N.Y.S.2d 133 |
| Parties | Joyce FASANO, an infant, etc., et al., Appellants, v. The CITY OF NEW YORK, Respondent. |
| Court | New York Supreme Court — Appellate Division |
James F. Healy, Brooklyn, for appellant.
Leo A. Larkin, Corp. Counsel, New York City, for respondent; Bernard Burstein, New York City, of counsel.
Before CHRIST, Acting P. J., and BRENNAN, HILL, RABIN and HOPKINS, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injury sustained by the infant plaintiff, and to recover damages for loss of services and medical expenses, in which a compromise settlement had been approved by the court, the plaintiffs appeal from an order of the Supreme Court, Kings County, dated January 17, 1964, which denied their motion to vacate the settlement and to restore the action to the general calendar for trial.
Order reversed on the law and in the exercise of discretion, without costs; motion granted; settlement vacated and action directed to be restored to the general calendar for trial.
It appears that the plaintiffs at no time consented to the settlement entered into by their attorney; nor were plaintiffs or either of them consulted with respect thereto. It further appears that upon learning of the settlement the infant's father and guardian ad litem objected to it on the ground that it was inadequate.
Under such circumstances a party is not bound by a settlement stipulation entered into by his attorney Bruder v. Schwartz, 260 App.Div. 1048, 24 N.Y.S.2d 443; Silver v. Parkdale Bake Shop, 8 A.D.2d 607, 184 N.Y.S.2d 714).
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