Pappas v. Pappas

Appellate Division of the Supreme Court of New York

Pappas v. Pappas

294 A.D.2d 121, 741 N.Y.S.2d 404, 2002 N.Y. App. Div. LEXIS 4341

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

DecidedMay 2, 2002

StatusPublished

This text of 294 A.D.2d 121 (Pappas v. Pappas) 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

Pappas v. Pappas, 294 A.D.2d 121, 741 N.Y.S.2d 404, 2002 N.Y. App. Div. LEXIS 4341 (N.Y. Ct. App. 2002).

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Opinion

—Order, Supreme Court, New York County (Joan Lobis, J.), entered August 2, 2001, which denied plaintiffs motion to vacate the portion of the stipulation contained in the preliminary conference order dated March 29, 2001 that marked the issue of fault resolved, and held such stipulation to be binding, unanimously affirmed, without costs.

The motion was properly denied on a record showing that [122]*122plaintiff was at all relevant times represented by counsel who had clear apparent authority to sign open-court stipulations in plaintiffs presence, that plaintiff was present during the preliminary conference and participated in the discussions pertaining to modifying the stipulation so as to mark the issue of fault resolved, and that he was present when the modification was made and initialed by his attorney in open court (see, Hallock v State of New York, 64 NY2d 224). Concur—Andrias, J.P., Sullivan, Wallach, Rubin and Gonzalez, JJ.

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—Order, Supreme Court, New York County (Joan Lobis, J.), entered August 2, 2001, which denied plaintiffs motion to vacate the portion of the stipulation contained in the preliminary conference order dated March 29, 2001 that marked the issue of fault resolved, and held such stipulation to be binding, unanimously affirmed, without costs.

The motion was properly denied on a record showing that [122]*122plaintiff was at all relevant times represented by counsel who had clear apparent authority to sign open-court stipulations in plaintiffs presence, that plaintiff was present during the preliminary conference and participated in the discussions pertaining to modifying the stipulation so as to mark the issue of fault resolved, and that he was present when the modification was made and initialed by his attorney in open court (see, Hallock v State of New York, 64 NY2d 224). Concur—Andrias, J.P., Sullivan, Wallach, Rubin and Gonzalez, JJ.

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Bluebook (online)

294 A.D.2d 121, 741 N.Y.S.2d 404, 2002 N.Y. App. Div. LEXIS 4341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pappas-v-pappas-nyappdiv-2002.

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