FITZGERALD v. CUNARD S. S. CO., LTD.


40 A.D.2d 637 (1972)

Thomas I. Fitzgerald, as Public Administrator of The Estate of Charles McCarthy, Deceased, Appellant, v. Cunard S. S. Co., Ltd., et al., Respondents

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

October 2, 1972


Nunez, J., dissents in the following memorandum:

In denying plaintiff's motion to restore the case to the Trial Calendar the court below not only abused its discretion, it also failed to follow the well-established rule of law that the authority of an attorney does not extend to a settlement or release. It has been squarely so held: "It is the law in the State of New York that an attorney cannot settle a suit and conclude his client in relation to the...

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