Opinion
Submitted June 28, 2001
August 20, 2001
In an action to recover damages for breach of a lease, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated October 5, 2000, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that the case was settled before the commencement of the action.
Kressel, Rothlein Roth, Massapequa, N.Y. (Stephen Kressel of counsel), for appellant.
Cohn Birnbaum Shea, P.C., New York, N.Y. (Matthew Feigenbaum of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P. WILLIAM D. FRIEDMANN LEO F. McGINITY THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint, as the defendant established that the plaintiff had ratified the authority of its counsel to enter into the settlement by failing to object to its terms for approximately eight months from the date thereof (see, Hallock v. State of New York, 64 N.Y.2d 224; Suncoast Capital Corp. v. Global Intellicom, 280 A.D.2d 281; Nash v. Y T Distribs., 207 A.D.2d 779; 1420 Concourse Corp. v. Cruz, 175 A.D.2d 747; Slavin v. Polyak, 99 A.D.2d 466; Continental Cas. Co. v. Chrysler Constr. Co., 80 Misc.2d 552; Brumberg v. Chunghai Chan, 25 Misc.2d 312). The plaintiff failed to raise a triable issue of fact in this regard.
The plaintiff's contentions to the contrary are either unpreserved for appellate review or without merit.