NYAD2: Plaintiff cannot repudiate settlement made by counsel of record at mediation.

Plaintiff was not present at a mediation when her lawyers settled her trip and fall case for $ 150,000 at mediation. She refused to sign closing papers, and claimed she was unaware of the settlement. The Supreme Court saw things her way, but the Appellate Division reversed and said the settlement must be enforced.

The appeals panel noted that lawyers from the firm that was counsel of record were cloaked with apparent authority, and that the plaintiff failed to demonstrate that terms of the settlement agreement were so unfair or one-sided as to “shock the conscience and confound the judgment of any person of common sense” or that it was based on a mistake made despite the exercise of ordinary care.

Amerally v Liberty King Produce, Inc. (03/06/2019).