TOOKER v. MORRISEY


35 A.D.3d 316 (2006)

828 N.Y.S.2d 23

TRACEY TOOKER, Respondent, v. JOHN L. MORRISEY, Appellant.

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

Decided December 28, 2006.


We remand for a hearing since it does not appear that the insurer was given a reasonable opportunity to be heard on why it sent an attorney to a settlement conference who, as stated in the order on appeal, was "without any authority or knowledge of the case" (see 22 NYCRR 130-1.1 [d]; 130-2.1 [d]). The record, which consists only of the order on appeal imposing the sanction and the orders of this Court granting leave to appeal and staying imposition of the sanction...

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