Davidson v. Metropolitan Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Phelan, J.), dated June 28, 2006, which granted the defendants’ motion pursuant to CPLR 2104 to enforce a stipulation of settlement.
Ordered that the order is affirmed, with costs.
The plaintiff’s attorney had a lengthy involvement in this case, engaging in settlement negotiations and appearing at pretrial conferences. Thus, he had, as a matter of law, apparent authority to enter into a stipulation of settlement (see Hallock v State of New York, 64 NY2d 224, 231…
2Cases cited9 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
- Bonnette v. Long Island College HospitalNew York Court of Appeals · 2004
- Town of Clarkstown v. M.R.O. Pump & Tank, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- DeVita v. Macy's East, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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3Cited by15 opinions
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- Wil Can (USA) Group, Inc. v. ZhangAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of 121 Willow, LLC v. Board of Assessors of the County of NassauAppellate Division of the Supreme Court of the State of New York · 2020
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