At the evidentiary hearing ordered by the motion court, plaintiff did not establish that she lacked the capacity to enter into the stipulation of settlement that she initialed on October 13, 2004. Even assuming that she lacked capacity to enter into the stipulation, under the facts presented here, she would still be bound by its terms, given that the document was signed, in her presence, by her counsel, who had apparent authority to enter into the agreement (see Hallock...
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