Appellate Division of the Supreme Court of New York, 1943

Crennan v. Brennan

Crennan v. Brennan
Appellate Division of the Supreme Court of New York · Decided January 25, 1943
265 A.D. 1013; 39 N.Y.S.2d 393; 1943 N.Y. App. Div. LEXIS 6629
Crennan v. Brennan

Opinion of the Court

The Corporation Counsel is without power to make a settlement binding on the city without the approval of the City Council. Furthermore, it appears that the evidence fails to establish that there was a definite meeting of the minds between the Assistant Corporation Counsel and the respondent’s attorney to the effect that interest would be paid as part of the settlement. The resolution of the City Council is clear, and it provides that the differences in taxes are to be paid, and nothing further. The interest provision in the compromise order was consented to by mistake; the provision does not represent the agreement of the parties; and in the interests of justice the provision should be struck from the order which was entered by consent. Hagarty, Carswell, Johnston, Adel and Taylor, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.