Legal Opinion

Yorker v. Daniel Yorker, Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 2004PublishedCited by 5 opinions

1Opinion of the Court

In an action for rescission of a deed and to set aside a conveyance of real property, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated October 31, 2003, which denied his motion to vacate a stipulation of settlement in this action.

Ordered that the order is affirmed, with costs.

The attorney for the plaintiff had apparent authority to settle the case for $15,000 (see e.g. Lynch v Lynch, 122 AD2d 572 [1986]). The settlement placed on the record was thus binding on the plaintiff, notwithstanding his alleged belief that the case had settled for…

2Cases cited4 opinions

  1. William E. McClain Realty, Inc. v. RiversAppellate Division of the Supreme Court of the State of New York · 1988
  2. Almap Holdings, Inc. v. Bank Leumi Trust Co.Appellate Division of the Supreme Court of the State of New York · 1993
  3. Ghostley v. HetlandSupreme Court of Minnesota · 1973
  4. Lynch v. LynchAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by5 opinions

  1. 1810 E & J Restaurant Corp. v. Red & Blue Parrot, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Rosin v. WeinbergAppellate Division of the Supreme Court of the State of New York · 2013
  3. Maynard v. SmithAppellate Division of the Supreme Court of the State of New York · 2022
  4. Amerally v. Liberty King Produce, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
  5. Rosin v. WeinbergAppellate Division of the Supreme Court of the State of New York · 2013

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