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YORKER v. DANIEL YORKER, LTD
Appellate Division of the Supreme Court of New York, Second Department.
Nov 15, 2004
Ordered that the order is affirmed, with costs.
The attorney for the plaintiff had apparent authority to settle the case for $15,000 ( see e.g. Lynch v. Lynch, 122 AD2d 572). The settlement placed on the record was thus binding on the plaintiff, notwithstanding his alleged belief that the case had settled for $50,000, since the plaintiff's mistake was made in the absence of "ordinary care" ( McClain Realty v. Rivers, 144 AD2d 216, 218, citing 21 NY Jur 2d, Contracts ยง 121, at 529; see Almap Holdings v. Bank Leumi Trust Co. of N.Y., 196 AD2d 518; Ghostley v. Hetland, 295 Minn 376, 204 NW2d 821; Jones v. Jones, 689 So 2d 116 [Ala 1996]).
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