Cook v. Bianco
This text of 226 A.D. 691 (Cook v. Bianco) 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.
Opinion
Order modified by granting plaintiff’s motion to restore the case to the calendar for trial, and as so modified affirmed. The agreement, dated May 5, 1927, makes no mention of the settlement or discontinuance of the action. Any oral agreement to settle the action is not binding unless made between counsel in open court (Rules Civ. Prac. rule 4), and the record before us is not sufficient to show that this was done. This decision is without prejudice to defendant, if so advised, to move to amend his answer by alleging, as a defense, the agreement of settlement claimed. Lazansky, P. J., Rich, Young, Kapper and Seeger, JJ., concur.
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226 A.D. 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-bianco-nyappdiv-1929.