Buser v. Jacobowsky
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by John J. Buser against Ernestine Jacobowsky. From an order allowing defendant to serve a supplemental answer, plaintiff appeals.
1Per curiam
Plaintiff appeals from an order of the City Court of New York granting leave to defendant to serve a supplemental answer in an action for personal injuries, setting up a settlement with and a general release from the plaintiff. The motion was opposed below on the ground that the action was settled without the knowledge, consent, or authority of the plaintiff’s attorney, who, at the time of the settlement had a contingent interest in the recovery, to the knowledge of defendant and her attorney. The grounds urged for a denial of the motion were insufficient. O’Brien v. Met. St. Ry. Co., 27 App.…
2Cases cited3 opinions
- O'Brien v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Varriale v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Zaitz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900