Carney v. Walgreen's Co.

Appellate Division of the Supreme Court of New York

Carney v. Walgreen's Co.

246 A.D.2d 328, 666 N.Y.S.2d 915, 1998 N.Y. App. Div. LEXIS 49

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

DecidedJanuary 8, 1998

StatusPublished

This text of 246 A.D.2d 328 (Carney v. Walgreen's Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carney v. Walgreen's Co., 246 A.D.2d 328, 666 N.Y.S.2d 915, 1998 N.Y. App. Div. LEXIS 49 (N.Y. Ct. App. 1998).

Pincite

Opinion

Order, Supreme Court, New York County (Edward Lehner, J.), entered August 23, 1996, which, inter alia, denied plaintiffs motion to vacate a settlement agreement, unanimously affirmed, without costs.

As the IAS Court found, the record is clear that plaintiff authorized her former counsel to settle this action for personal injuries for an amount that would net her $400,000. There is no indication that that authorization was ever revoked. Since plaintiff’s former counsel’s firm has agreed to reduce its fee to an amount that will result in her recovering $400,000, the motion to vacate the settlement as unauthorized was properly denied. Concur—Ellerin, J. P., Nardelli, Rubin and Mazzarelli, JJ.

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Order, Supreme Court, New York County (Edward Lehner, J.), entered August 23, 1996, which, inter alia, denied plaintiffs motion to vacate a settlement agreement, unanimously affirmed, without costs.

As the IAS Court found, the record is clear that plaintiff authorized her former counsel to settle this action for personal injuries for an amount that would net her $400,000. There is no indication that that authorization was ever revoked. Since plaintiff’s former counsel’s firm has agreed to reduce its fee to an amount that will result in her recovering $400,000, the motion to vacate the settlement as unauthorized was properly denied. Concur—Ellerin, J. P., Nardelli, Rubin and Mazzarelli, JJ.

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Bluebook (online)

246 A.D.2d 328, 666 N.Y.S.2d 915, 1998 N.Y. App. Div. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carney-v-walgreens-co-nyappdiv-1998.