SPISTO v. THOMPSON


39 A.D.2d 598 (1972)

Harry Spisto, Appellant, v. Olav M. Thompson, Doing Business as Overhead Door Sales Company, Respondent

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

April 17, 1972


Order reversed in the exercise of discretion, with $10 costs and disbursements, and motion granted, without costs; settlement vacated; and action directed to be restored to the Ready Day Calendar for trial.

It appears that the plaintiff at no time consented to the settlement entered into by his trial counsel; nor was he or his attorney of record consulted with respect thereto. It further appears that, upon learning of the settlement, the plaintiff objected to it upon...

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