9 A.D.2d 900 | N.Y. App. Div. | 1959
In an action by an infant to recover damages for personal injuries, and by her father for medical expenses and loss of services, the appeal is from an order granting respondents’ motion, pursuant to rules 109 and 110 of the Rules of Civil Practice, (1) to strike out the partial affirmative defense to the infant’s cause of action, which defense alleges that appellant paid the infant $400 in settlement of her claim and on account of her injuries, and (2) to dismiss the counterclaim against her father to recover upon an alleged agreement to indemnify appellant for any loss sustained as a result of any claim which the infant might make against appellant. Order modified by striking therefrom everything following the words “ ordered that ” and by substituting therefor the words " the motion with respect to the counterclaim is granted, and the motion with respect to the partial affirmative defense to the first cause of action is denied”. As so modified, order affirmed, without costs. In our opinion, not only is an agreement purporting to settle an infant’s claim for personal injuries unenforcible if not approved by the court, but an agreement to indemnify the infant’s obligor, being obviously an attempt to evade a ruling that such a settlement agreement is unenforcible, is likewise unenforcible. It is a well-established rule that a settlement of such claim of an infant after action has been commenced thereon