MAZZELLA v. AM. HOME CONSTR. CO., INC.


12 A.D.2d 910 (1961)

Louis Mazzella, Individually, and as Assignee of Jessie Mazzella, Appellant, v. American Home Construction Company, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 16, 1961


Order, entered on October 24, 1960, granting defendant's motion to direct plaintiff to consummate a settlement of the action, unanimously reversed, on the law and on the facts, without costs, and the motion denied.

The plaintiff's attorney states unequivocally that he was without authority from his client to enter into any settlement agreement. He also states — and it is conceded — that at the time of the settlement discussions he unsuccessfully sought...

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