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AVROM R. VANN, ESQ., ET AL., Plaintiffs-Appellants, v. HOME INSURANCE CO., ET AL., Defendants-Respondents, ZURICH AMERICAN INSURANCE COMPANY, Defendant.

Summary judgment was properly granted in favor of defendants carrier and attorneys upon a record establishing that plaintiffs had ratified the attorneys' authority to enter into the settlement of the underlying action. Such ratification was accomplished by plaintiffs' failure to take any steps to void the settlement although almost immediately made aware of it, and indeed by failing to voice any meaningful objection to it until commencement of the instant action more than three years later (see, Suncoast Capital Corp. v. Global Intellicom, 280 A.D.2d 281, 281-282). In any event, even if plaintiffs had not ratified the settlement, summary judgment would be warranted since they suffered no damages attributable thereto, and also because there is no showing that the attorneys committed malpractice in the underlying action.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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VANN v. HOME INSURANCE CO
(Nov 13, 2001)