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DUSEK v. HIGGINS

40 A.D.2d 849 (1972)

John Dusek, Respondent, v. Joseph Higgins, Appellant. (Action No. 1) (And Two Other Actions.)

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

November 20, 1972

The case is remitted to Special Term to conduct a hearing at which testimony might be taken on the following matters and issues: (1) Whether Dusek's counsel who agreed to the settlement of Action No. 1 had express or implied authority to settle that action. (2) Whether the settlement of Action No. 1 was made contingent on the obtaining by Dusek's counsel of Dusek's subsequent approval thereof. (3) Whether Higgins has been prejudiced by the delay in Dusek's motion to vacate...

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