87 N.Y. 467 | NY | 1882
The order of the General Term from which this appeal is taken, reversed an order of the Special Term, setting aside an order discontinuing the action without costs to either party, entered as of course ex parte, and without the special direction of the court, upon filing a release of the cause of action, and of the costs therein, signed by the plaintiff in person, to which was appended a stipulation on her part, discontinuing the action, and consenting to the entry of an order of discontinuance, on filing the stipulation. The Special Term set aside the order, on the ground that the settlement of the *470
action by the parties was made with the design of preventing the plaintiff's attorney from obtaining his costs. The order of reversal should, we think, be affirmed. The power of the Supreme Court to protect the attorney of a party to an action, against a collusive settlement in fraud of his rights, is well settled. (Coughlin v. The N.Y.C. H.R.R.R. Co.,
Order affirmed, but without costs.
All concur.
Order affirmed. *471