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KATZEN v. TWIN PINES FUEL CORP.

16 A.D.3d 133 (2005)

790 N.Y.S.2d 447

MORTIMER J. KATZEN, Appellant, v. TWIN PINES FUEL CORP. et al., Respondents.

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

March 3, 2005.

It is well settled that an attorney may not settle or compromise his or her client's case in the absence of consent by the client (Barrett v Third Ave. R.R. Co., 45 N.Y. 628, 635 [1871]; see also Bonnette v Long Is. Coll. Hosp., 3 N.Y.3d 281 [2004]). While a stipulation of settlement made by counsel in open court may bind his or her client even where it exceeds his or her actual authority (Hallock v State of New...

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