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FASANO v. CITY OF NEW YORK

22 A.D.2d 799 (1964)

Joyce Fasano, an Infant, by Her Father and Guardian ad Litem, Andrew L. Fasano, et al., Appellants, v. City of New York, Respondent

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

November 9, 1964

Order reversed on the law and in the exercise of discretion, without costs; motion granted; settlement vacated and action directed to be restored to the General Calendar for trial.

It appears that the plaintiffs at no time consented to the settlement entered into by their attorney; nor were plaintiffs or either of them consulted with respect thereto. It further appears that upon learning of the settlement the infant's father...

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