NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
May 27, 2010
PAULA WATSON, PLAINTIFF-APPELLANT,
ALLIANCE II ASSOCIATES, DEFENDANT-RESPONDENT, GEORGE KLEINMAN, ET AL., DEFENDANTS.
Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered March 24, 2009, which, in an action for personal injuries that was marked off the calendar as settled, denied plaintiff's motion to restore the case to the trial calendar, unanimously reversed, on the law, without costs, the motion granted, the settlement vacated, and the case restored to the trial calendar.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J. P., Friedman, Nardelli, Acosta, Abdus-Salaam, JJ.
The motion to restore should have been granted, since defendant failed to come forward with proof that plaintiff's attorney was authorized to settle the case (see McGuffin v Port of N.Y. Auth., 58 AD2d 793 ). The record does not support the court's finding that plaintiff should be bound to the settlement (see Mazzella v American Home Constr. Co., 12 AD2d 910 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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