62 A.D.2d 945 | N.Y. App. Div. | 1978
Order, Supreme Court, Bronx County, entered December 6, 1977, directing that the stipulation settling this action be vacated and the matter restored to the Trial Calendar, is unanimously reversed, on the law, without costs and without disbursements, and the stipulation is reinstated. In the instant case, plaintiffs had brought on a negligence action. At a pretrial conference, held in the Trial Judge’s chambers, a settlement was reached and a stipulation dictated into the record; plaintiff agreeing that he and his wife would issue a general release. The Judge queried defendant as to voluntariness, whether he represented his wife and his understanding that another lawsuit was precluded, and received positive answers. Plaintiffs then moved through their attorney to void the settlement and restore the case to the Trial Calendar for any number of specious reasons. The court denied the motion