Greenwald v. Emex Realty Co.

Order unanimously reversed on the law, with ten dollars costs to defendants, and motion denied. The motion was to vacate a stipulation of settlement and discontinuance. All the papers show that plaintiff’s attorney prepared the release which he signed and that such release and the check to plaintiff were delivered after agreement for settlement and discontinuance had been arrived at. No judgment was necessary nor agreed upon to effectuate the settlement. The action was at an end.

The defendants deny there was any fraudulent representations which induced the settlement. Under such circumstances…