Mazzella v. American Home Construction Co.

Order, entered on October 24, 1960, granting defendant’s motion to direct plaintiff to consummate a settlement of the action, unanimously reversed, on the law and on the facts, without costs, and the motion denied. The plaintiff’s attorney states unequivocally that he was without authority from his client to enter into any settlement agreement. He also states — and it is conceded — that at the time of the settlement discussions he unsuccessfully sought to contact and consult with his client. Failing in such attempt he states — and nothing in the record contradicts this statement — that he…