Crennan v. Brennan

Appellate Division of the Supreme Court of New York

Crennan v. Brennan

265 A.D. 1013, 39 N.Y.S.2d 393, 1943 N.Y. App. Div. LEXIS 6629

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

DecidedJanuary 25, 1943

StatusPublished

Cited by1 cases

This text of 265 A.D. 1013 (Crennan v. Brennan) 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

Crennan v. Brennan, 265 A.D. 1013, 39 N.Y.S.2d 393, 1943 N.Y. App. Div. LEXIS 6629 (N.Y. Ct. App. 1943).

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Opinion

The Corporation Counsel is without power to make a settlement binding on the city without the approval of the City Council. Furthermore, it appears that the evidence fails to establish that there was a definite meeting of the minds between the Assistant Corporation Counsel and the respondent’s attorney to the effect that interest would be paid as part of the settlement. The resolution of the City Council is clear, and it provides that the differences in taxes are to be paid, and nothing further. The interest provision in the compromise order was consented to by mistake; the provision does not represent the agreement of the parties; and in the interests of justice the provision should be struck from the order which was entered by consent. Hagarty, Carswell, Johnston, Adel and Taylor, JJ., concur.

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The Corporation Counsel is without power to make a settlement binding on the city without the approval of the City Council. Furthermore, it appears that the evidence fails to establish that there was a definite meeting of the minds between the Assistant Corporation Counsel and the respondent’s attorney to the effect that interest would be paid as part of the settlement. The resolution of the City Council is clear, and it provides that the differences in taxes are to be paid, and nothing further. The interest provision in the compromise order was consented to by mistake; the provision does not represent the agreement of the parties; and in the interests of justice the provision should be struck from the order which was entered by consent. Hagarty, Carswell, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

265 A.D. 1013, 39 N.Y.S.2d 393, 1943 N.Y. App. Div. LEXIS 6629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crennan-v-brennan-nyappdiv-1943.

Opinion

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