Opinion
2003-10455.
November 15, 2004.
In an action for rescission of a deed and to set aside a conveyance of real property, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated October 31, 2003, which denied his motion to vacate a stipulation of settlement in this action.
Before: Prudenti, P.J., Ritter, H. Miller and Spolzino, JJ., concur.
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 § 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]).