Legal Opinion
Mayo v. Royal Insurance Co. of America
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1997PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, motion denied and cross motion granted. Memorandum: In this action to recover no-fault benefits, Supreme Court erred in granting plaintiffs motion to enforce the parties’ stipulation of settlement. The court erroneously relied exclusively on the stipulation of settlement in directing Royal Insurance Company of America (defendant) to pay future medical benefits in excess of the $50,000 statutory and insurance policy limit. The stipulation of settlement cannot be examined apart from the release that accompanied it. “In the absence of anything…
2Cases cited5 opinions
- BWA Corp. v. Alltrans Express U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Dolman v. United States Trust Co.New York Court of Appeals · 1956
- Hallmark Synthetics Corp. v. SUMITOMO SHOJI NEW YORK, INC.New York Court of Appeals · 1967
- Hallmark Synthetics Corp. v. Sumitomo Shoji New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Sbarra v. TotolisAppellate Division of the Supreme Court of the State of New York · 1993
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