Martinez v. 348 East 104 Street Corp.

The purport of this application by the plaintff is to have the pretrial compromise and settlement of this negligence action, which had been consummated by the respective attorneys, set aside, and, in its place, to have an order granted for the restoration of the case, now marked off the calendar, to the Trial Term calendar in its regular order.

*32Subsequent disavowal of the settlement by the plaintiff, forms the cornerstone of this application.

A just view of the facts, relative to the settlement, is the following: On February 7, 1969, when I was presiding in the Pretrial Part, the attorneys for…