Opinion
October 2, 1990
Appeal from the Supreme Court, New York County (Irma V. Santaella, J.).
When counsel for the plaintiff entered into a stipulation of settlement he was clearly acting without authority from his client, who had earlier expressly rejected an offer in an even higher amount. The stipulation was invalid for two reasons. Firstly, counsel for the plaintiff entered into it without actual or apparent authority (see, Colonie Hill v. Duffy, 114 A.D.2d 879, lv dismissed 68 N.Y.2d 753). Secondly, in contravention of CPLR 2104, the stipulation was not embodied in a writing signed by the parties or entered into in open court notwithstanding that it was entered into during a deposition held at a private office.
Concur — Kupferman, J.P., Sullivan, Milonas, Asch and Kassal, JJ.