Hegeman v. Conrad

Appellate Division of the Supreme Court of New York

Hegeman v. Conrad

1 A.D.2d 788, 148 N.Y.S.2d 196, 1956 N.Y. App. Div. LEXIS 6516

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

DecidedJanuary 30, 1956

StatusPublished

Cited by2 cases

This text of 1 A.D.2d 788 (Hegeman v. Conrad) 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

Hegeman v. Conrad, 1 A.D.2d 788, 148 N.Y.S.2d 196, 1956 N.Y. App. Div. LEXIS 6516 (N.Y. Ct. App. 1956).

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Opinion

Appeal from an order insofar as it dismisses, for insufficiency, the first cause of action alleged in the amended complaint, whereby appellants, former clients of respondent, an attorney, seek to set aside a stipulation settling a prior action, the findings of fact, the conclusions of law and the judgment entered thereon. Order modified by adding the words “ with leave to plead over ” after the word “ dismissed ” in the first ordering paragraph. As so modified, order insofar as appealed from unanimously affirmed, without costs, with leave to appellants, if so advised, to serve a further amended complaint within ten days after the entry of the order hereon. The stipulation settling the prior action terminated that litigation and brought into being a new contract. (Hegeman v. Conrad, 284 App. Div. 969.) That stipulation may not be set aside except for reasons that would invalidate a contract, such as fraud or overreaching. (Yonkers Fur Dressing Co. v. Royal Ins. Co., 247 N. Y. 435.) Such allegations with respect to the contract of settlement are absent from the amended complaint. Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ., concur.

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Appeal from an order insofar as it dismisses, for insufficiency, the first cause of action alleged in the amended complaint, whereby appellants, former clients of respondent, an attorney, seek to set aside a stipulation settling a prior action, the findings of fact, the conclusions of law and the judgment entered thereon. Order modified by adding the words “ with leave to plead over ” after the word “ dismissed ” in the first ordering paragraph. As so modified, order insofar as appealed from unanimously affirmed, without costs, with leave to appellants, if so advised, to serve a further amended complaint within ten days after the entry of the order hereon. The stipulation settling the prior action terminated that litigation and brought into being a new contract. (Hegeman v. Conrad, 284 App. Div. 969.) That stipulation may not be set aside except for reasons that would invalidate a contract, such as fraud or overreaching. (Yonkers Fur Dressing Co. v. Royal Ins. Co., 247 N. Y. 435.) Such allegations with respect to the contract of settlement are absent from the amended complaint. Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

1 A.D.2d 788, 148 N.Y.S.2d 196, 1956 N.Y. App. Div. LEXIS 6516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hegeman-v-conrad-nyappdiv-1956.

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