Mammoser v. Service Casualty Co.

Appellate Division of the Supreme Court of New York

Mammoser v. Service Casualty Co.

27 A.D.2d 973, 278 N.Y.S.2d 709, 1967 N.Y. App. Div. LEXIS 4473

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

DecidedApril 6, 1967

StatusPublished

This text of 27 A.D.2d 973 (Mammoser v. Service Casualty 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

Mammoser v. Service Casualty Co., 27 A.D.2d 973, 278 N.Y.S.2d 709, 1967 N.Y. App. Div. LEXIS 4473 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order unanimously reversed, without costs, and matter remitted to Erie Supreme Court, Calendar Part, for further proceedings in accordance with the Memorandum. Memorandum: Plaintiff was not present when his case was marked settled and stricken from the Trial [974]*974Calendar. The record does not show whether or not his attorney or his parents, who were then present, had authority to settle the case for him. A hearing should be had at which the parties will have an opportunity to present proof on the issue of the validity of the settlement agreement and plaintiff's right to annul it. Calendar Part may then determine the motion on the present record as supplemented by the proceedings at the hearing. (Appeal from order of Erie Trial Term denying motion to restore action to Trial Calendar.) Present — Williams, P. J., Goldman, Henry, Del Vecchio and Harsh, JJ.

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Order unanimously reversed, without costs, and matter remitted to Erie Supreme Court, Calendar Part, for further proceedings in accordance with the Memorandum. Memorandum: Plaintiff was not present when his case was marked settled and stricken from the Trial [974]*974Calendar. The record does not show whether or not his attorney or his parents, who were then present, had authority to settle the case for him. A hearing should be had at which the parties will have an opportunity to present proof on the issue of the validity of the settlement agreement and plaintiff's right to annul it. Calendar Part may then determine the motion on the present record as supplemented by the proceedings at the hearing. (Appeal from order of Erie Trial Term denying motion to restore action to Trial Calendar.) Present — Williams, P. J., Goldman, Henry, Del Vecchio and Harsh, JJ.

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Bluebook (online)

27 A.D.2d 973, 278 N.Y.S.2d 709, 1967 N.Y. App. Div. LEXIS 4473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mammoser-v-service-casualty-co-nyappdiv-1967.