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BROADMASS ASSOCIATES, LLC v. McDONALD'S CORP

Appellate Division of the Supreme Court of New York, Second Department.
Aug 20, 2001
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ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint, as the defendant established that the plaintiff had ratified the authority of its counsel to enter into the settlement by failing to object to its terms for approximately eight months from the date thereof (see, Hallock v. State of New York, 64 N.Y.2d 224; Suncoast Capital Corp. v. Global Intellicom, 280 A.D.2d 281; Nash v. Y T Distribs., 207 A.D.2d 779; 1420 Concourse Corp. v. Cruz, 175 A.D.2d 747; Slavin v. Polyak, 99 A.D.2d 466; Continental Cas. Co. v. Chrysler Constr. Co., 80 Misc.2d 552; Brumberg v. Chunghai Chan, 25 Misc.2d 312). The plaintiff failed to raise a triable issue of fact in this regard.

The plaintiff's contentions to the contrary are either unpreserved for appellate review or without merit.