Tino v. Flynn

Orders entered on December 6, 1960, insofar as they denied the motions by defendants to strike the case from the calendar are unanimously reversed, without costs, and the motions granted to the extent of striking the case from the calendar, and plaintiffs’ cross motion to restore granted to the extent of remanding the motion to Trial Term, Part I, of Bronx County, for a hearing on the facts and circumstances surrounding the settlement stipulation with particular reference to the question of whether the settlement was agreed upon without any authority from the plaintiffs. A settlement agreed…