U.S. Court of Appeals for the Second Circuit
No Client Consent – Fact Finding Hearing
Gomez v. City of New York
Judges Katzmann, Pooler and Chin
Background: Following a final judgment, the plaintiff appealed from the denial of his motion for relief from a stipulation dismissing most of his claims. The plaintiff’s original attorney signed a stipulation dismissing most of his claims. The plaintiff alleged that he did not give his attorney the authority to sign such a stipulation
Ruling: The Second Circuit vacated and remanded. The court held that the court abused its discretion by failing to hold an evidentiary hearing to examine the plaintiff’s assertion that his attorney lacked authority to stipulate to a dismissal of his claims.
Chukwuemeka Nwokoro for the plaintiff-appellant; Diana Lawless, assistant corporation counsel, for the defendant-appellee