Pomeranz v. Marcus
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Marcus, from an order of the Supreme Court, made at the Kings County Trial Term and entered In the office of the clerk of the county of Kings on the 16th day of April, 1903, denying the defendant’s motion to restore this case to the calendar for the purpose of determining his right to taxable -costs in the action.
1Opinion of the Court
Willard Bartlett, J. :
After this action was at issue the defendant, without the intervention of his attorney, made a settlement with the plaintiff and exchanged general releases and consents to a discontinuance. Subsequent to such settlement, when the casé was finally called for trial, *322the trial court was informed on behalf of the plaintiff that it had been settled, and, although the defendant’s attorney answered ready¿ the court marked the case settled, against his objection.
The defendant’s attorney, alleging that the settlement was made without his knowledge or consent and collusively for…
2Cases cited2 opinions
- National Exhibition Co. v. CraneNew York Court of Appeals · 1901
- National Exhibition Co. v. CraneAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- MacK v. Hugger Bros. ConstructionCourt of Appeals of Tennessee · 1929
- Agricultural Insurance v. SmithAppellate Division of the Supreme Court of the State of New York · 1906
- Wilson v. BlelochAppellate Division of the Supreme Court of the State of New York · 1908