Yorker v. Daniel Yorker, Ltd.

Appellate Division of the Supreme Court of New York

Yorker v. Daniel Yorker, Ltd.

12 A.D.3d 506, 783 N.Y.S.2d 857, 2004 N.Y. App. Div. LEXIS 13707

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

DecidedNovember 15, 2004

StatusPublished

Cited by5 cases

This text of 12 A.D.3d 506 (Yorker v. Daniel Yorker, Ltd.) 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

Yorker v. Daniel Yorker, Ltd., 12 A.D.3d 506, 783 N.Y.S.2d 857, 2004 N.Y. App. Div. LEXIS 13707 (N.Y. Ct. App. 2004).

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Opinion

In an action for rescission of a deed and to set aside a conveyance of real property, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated October 31, 2003, which denied his motion to vacate a stipulation of settlement in this action.

Ordered that the order is affirmed, with costs.

The attorney for the plaintiff had apparent authority to settle the case for $15,000 (see e.g. Lynch v Lynch, 122 AD2d 572 [1986]). The settlement placed on the record was thus binding on the plaintiff, notwithstanding his alleged belief that the case had settled for $50,000, since the plaintiffs mistake was made in the absence of “ordinary care” (McClain Realty v Rivers, 144 AD2d 216, 218 [1988], citing 21 NY Jur 2d, Contracts § 121, at 529; see Almap Holdings v Bank Leumi Trust Co. of N.Y., 196 AD2d 518 [1993]; Ghostley v Hetland, 295 Minn 376, 204 NW2d 821 [1973]; Jones v Jones, 689 So 2d 116 [Ala 1996]). Prudenti, EJ., Ritter, H. Miller and Spolzino, JJ., concur.

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In an action for rescission of a deed and to set aside a conveyance of real property, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated October 31, 2003, which denied his motion to vacate a stipulation of settlement in this action.

Ordered that the order is affirmed, with costs.

The attorney for the plaintiff had apparent authority to settle the case for $15,000 (see e.g. Lynch v Lynch, 122 AD2d 572 [1986]). The settlement placed on the record was thus binding on the plaintiff, notwithstanding his alleged belief that the case had settled for $50,000, since the plaintiffs mistake was made in the absence of “ordinary care” (McClain Realty v Rivers, 144 AD2d 216, 218 [1988], citing 21 NY Jur 2d, Contracts § 121, at 529; see Almap Holdings v Bank Leumi Trust Co. of N.Y., 196 AD2d 518 [1993]; Ghostley v Hetland, 295 Minn 376, 204 NW2d 821 [1973]; Jones v Jones, 689 So 2d 116 [Ala 1996]). Prudenti, EJ., Ritter, H. Miller and Spolzino, JJ., concur.

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Bluebook (online)

12 A.D.3d 506, 783 N.Y.S.2d 857, 2004 N.Y. App. Div. LEXIS 13707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yorker-v-daniel-yorker-ltd-nyappdiv-2004.

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