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HENDERSON v. WESTON'S INC.

102 A.D.2d 997 (1984)

Sarah Henderson, Respondent, v. Weston's Inc., Appellant

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

June 28, 1984

¶ The issue here is whether the trial court properly granted summary judgment to plaintiff, based upon a stipulation of settlement reached by the parties, where defense counsel carried on settlement negotiations and agreed to the settlement by phone rather than allow the case in question to proceed to inquest upon defendant's default. We conclude that, under the circumstances of this case, plaintiff was improperly awarded...

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