Monasebian v. Du Bois

Order of the Supreme Court, Queens County, dated January 3, 1968, which granted plaintiff’s motion to vacate a settlement and restore the action to its appropriate place on the Trial Calendar, affirmed, without costs. Upon this record it is clear that the proposed $5,000 settlement was necessarily tentative, as the liens and assignments exceeded the money available. There is present here neither a written stipulation of settlement nor a settlement reached in open court and spread upon the minutes, which could be construed as a superseding agreement terminating the old cause of action and…