6 A.D.2d 799 | N.Y. App. Div. | 1958
Appeal (1) from an order dated March 25, 1957 granting respondents’ motion to enter judgment for $5,000 plus interest and costs based upon an alleged settlement of the action for $5,000, (2) from the judgment entered thereon, and (3) from so much of an order dated September 11, 1957 as on reargument adhered to the original decision. Respondents instituted this action to recover damages for injuries to person and property. They made a motion returnable at Special Term, Part I, Kings County, to enter judgment against appellants on the ground that, at a conference before the Justice presiding at Trial Term, Part I, the action was settled for $5,000. In his affidavit in support of the motion, respondents’ counsel stated that shortly after the settlement appellants’ counsel informed him that the insurance carrier would not consent to the settlement and that the affiant should move to restore the action to the Trial Term Day Calendar. Over the objection of appellants’ counsel, the motion was referred to the Justice who had presided at Trial Term, Part I, and before whom the settlement had allegedly been made in chambers, A hearing took place before the Judge on this motion and