The defendant brought a motion to enforce a settlement agreement reached between counsel.
The plaintiff opposed the motion, arguing its former lawyer settled the action contrary to instructions and breached his duty of loyalty.
The court reviewed the communications between the plaintiff's principal and its former lawyer, finding the lawyer acted competently, loyally, and upon express instructions to settle.
The court found a binding settlement agreement existed and saw no reason to exercise its discretion to refuse enforcement.
The motion was granted, the action was dismissed, and costs of $10,000 were awarded to the defendant.
