Justice Salerno
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PLAINTIFF sought to recover damages for personal injuries arising from a motor vehicle accident in which plaintiff allegedly sustained significant damage to his right knee. Plaintiff’s former attorneys were substituted, but prior to substitution, they signed a stipulation containing a high-low agreement providing that plaintiff would be bound by a “summary jury trial verdict,” and stipulated that plaintiff’s recovery would be limited to no more than $10,000. Plaintiff’s current attorneys argued they did not learn of the monetary limit until they appeared at an evidentiary hearing. Plaintiff moved to set aside the high-low stipulation, arguing he was never informed by his prior attorneys of the stipulation, nor did he consent to it. The court noted that extracting a party from a stipulation was justified when, as here, an attorney attempted to bind the client without express authority. The court noted plaintiff was granted partial summary judgment on the issue of liability, stating it was difficult to enforce a bargain provided by a summary jury trial or hold plaintiff to an agreement that undervalued his claim. Thus, it granted vacatur of the high-low agreement and restored the action to the calendar.
