Cassara v. Triborough Bridge & Tunnel Authority

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1958-01-27
Citations: 5 A.D.2d 790
Copy Citations
Click to Find Citing Cases
Lead Opinion

In an action to recover damages for personal injuries, the appeal is from so much of an order as denied appellant’s cross motion to rescind a settlement of the action and for other relief. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. The aetion having been settled and discontinued, the relief sought by appellant may not be obtained by motion in the terminated aetion (Yonkers Fur Dressing Co. v. Royal Ins. Co., 247 N. Y. 435; Hegeman v. Conrad, 284 App. Div. 969).

Nolan P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ., concur.