Summary
In Pokora, the plaintiff had no knowledge that he sustained a herniated disk at the time he entered into the settlement agreement, a situation which is clearly distinguishable from this case.
Summary of this case from Calavano v. New York City Health HospitalsOpinion
May 4, 1987
Appeal from the Supreme Court, Kings County (Hurowitz, J.).
Ordered that the order is affirmed, with costs.
At the time the plaintiffs accepted the offer of settlement, there had not as yet been any diagnosis of the plaintiff William E. Pokora's probable herniated disc. Indeed, according to the record, it was not until some five years after the accident and one month prior to the settlement that anything other than a severe sprain was even suspected.
As the plaintiffs did not have actual knowledge of the herniated disc and the plaintiff William E. Pokora's consequent need for back surgery when he accepted the defendant's offer, the court did not err in vacating the settlement (see, Mangini v McClurg, 24 N.Y.2d 556). Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.