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DANIELS v. CONCOURSE ANIMAL HOSPITAL

41 A.D.3d 284 (2007)

836 N.Y.S.2d 879

LANETT DANIELS, Respondent, v. CONCOURSE ANIMAL HOSPITAL et al., Appellants, et al., Defendant.

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

Decided June 21, 2007.

Even if these defendants' trial counsel lacked actual authority to enter into the open court settlement, he had apparent authority to do so (see e.g. Hallock v State of New York, 64 N.Y.2d 224, 231-232 [1984]). It matters not that neither of these defendants was actually present (see e.g. Stoll v Port Auth. of N.Y. & N.J., 268 A.D.2d 379, 380 [2000]). Their claim of fraud, mistake or...

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