SCHOENFELD v. BLOOMINGDALE'S DEP'T STORES, INC.


181 A.D.2d 582 (1992)

Jody Schoenfeld, Appellant, v. Bloomingdale's Department Stores, Inc., et al., Defendants. Liberty Mutual Insurance Company, Respondent

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

March 24, 1992


Plaintiff asserts that she settled the instant action upon a mistake of fact originating with defendants' counsel, namely that the settlement amount of $7500 would not be subject to general creditor status in the bankruptcy proceedings involving defendant Bloomingdale's parent company. While this error might provide a basis for vacating the settlement agreement, it was never represented that payment would be made by respondent Liberty Mutual Insurance Company, Bloomingdale...

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