DANKNER v. FURNESS, WITHY & CO.


11 Misc.2d 487 (1958)

Roslyn Dankner et al., Respondents, v. Furness, Withy & Co., Ltd., Appellant.

Supreme Court, Appellate Term, First Department.

January 30, 1958.


Attorney(s) appearing for the Case

Joseph F. Hanley, Jr., and Walter X. Connor for appellant.

William Biren for respondents.

HECHT, J. P., AURELIO and TILZER, JJ., concur.


Per Curiam.

The record discloses sufficient evidence indicating that defendant's counsel had no authorization to settle this case. An attorney cannot settle a suit and conclude his client in relation to the subject matter of the litigation without the consent of his client (Countryman v. Breen, 241 App. Div. 392, affd. 268 N.Y. 643). The court below had no authority to direct the entry of judgment upon the oral stipulation of the attorney, in view of...

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