O'Brien v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by The Mayor, Aldermen and Commonalty of the City of New York, the defendant in each of the above-entitled actions, from' an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county- of New York on the 23d day of November, 1898, denying the defendant’s motion to set aside judgments entered in each of said actions in favor of the plaintiffs, upon offers of judgment made by Francis M. Scott, corporation counsel.
1Opinion of the Court
O’Brien, J.:
Judgments in these several actions were entered amounting to $700,000, by the offer of the then corporation counsel after a series *332of negotiations looking to a settlement. This motion was.made by the present corporation counsel with thé aid and concurrence of the present comptroller to vacate the judgments upon the ground that the then coloration counsel did not possess authority to offer judgments, which motion was denied.
The learned judge below correctly stated that “ the decision of the-motion depends upon three conditions: Was the settlement effected in good faitJi ? Was it…
2Cases cited5 opinions
- Prout v. Inhabitants of the Fire District in PittsfieldMassachusetts Supreme Judicial Court · 1891
- Crans v. . HunterNew York Court of Appeals · 1863
- O'Brien v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Board of Supervisors v. BowenNew York Supreme Court · 1871
- Bush v. ColerNew York Supreme Court · 1898
3Cited by9 opinions
- Bush v. . O'BrienNew York Court of Appeals · 1900
- In re the Estate of SidmanNew York Surrogate's Court · 1935
- Multnomah County v. Title Guarantee Co.Oregon Supreme Court · 1905
- Oswego Falls Corp. v. City of FultonNew York Supreme Court · 1933
- In re the Estate of AndrusNew York Surrogate's Court · 1976
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