BERNSTEIN v. COOKE


103 A.D.2d 725 (1984)

Richard A. Bernstein, Appellant-Respondent, v. Jack K. Cooke et al., Respondents-Appellants, and Massachusetts Mutual Life Insurance Company, Respondent, et al., Defendant

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

July 26, 1984


¶ An examination of the record indicates that at the conclusion of the trial, the court suggested that plaintiff move to conform the pleadings to the proof so as to assert a quantum meruit claim for services rendered. The $35,000 amount awarded to plaintiff in that regard was accepted by the parties involved. It is not the responsibility of this court to set aside a valid stipulation merely because the agreed-upon sum of money may not appear to be fair.

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