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YORKER v. DANIEL YORKER, LTD.

12 A.D.3d 506 (2004)

783 N.Y.S.2d 857

DANIEL YORKER, Appellant, v. DANIEL YORKER, LTD., et al., Respondents.

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

November 15, 2004.

Ordered that the order is affirmed, with costs.

The attorney for the plaintiff had apparent authority to settle the case for $15,000 (see e.g. Lynch v Lynch, 122 A.D.2d 572 [1986]). The settlement placed on the record was thus binding on the plaintiff, notwithstanding his alleged belief that the case had settled for $50,000, since the plaintiff's mistake was made in the absence of "ordinary care" (McClain Realty v Rivers...

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