Hub Press, Inc. v. Sun-Ray Lighting Co.

OPINION OF THE COURT

Seymour Schwartz, J.

This action was argued orally on certain stipulated facts. The argument was recorded and it was agreed that the court could grant judgment in this fashion in lieu of trial.

The facts are simple. During the pendency of a commercial action to recover $3,210 (the amount originally sued for was $3,710 but plaintiff concedes $500 was paid) an examination before trial was scheduled at defendants’ attorney’s office. At the examination defendant Haber was present but before the *1056examination actually began, the action was settled for $2,000. The settlement…