CONSUMER PROTECTION
09-2-5296 Patterson v. Polidoro, App. Div. (per curiam) (4 pp.) In an earlier appeal, defendant Joseph Polidoro argued that the trial judge erred in enforcing an alleged settlement of the consumer fraud action brought against him and his company, defendant Green Cities Energy, LLC, by plaintiffs James and Debra Patterson. An appellate panel agreed that a factual dispute about whether defendant had consented to the terms of the “Settlement Agreement and General Release,” which was prepared by the attorney representing him and his company, precluded its enforcement, and remanded for an evidentiary hearing. Following remand, the trial judge conducted a hearing at which plaintiff and defendant’s former attorney testified. Defendant did not testify nor did he consent to a waiver of the attorney-client privilege, thereby precluding the attorney’s testimony regarding any discussions with defendant about the settlement terms or the attorney’s authority to speak for him regarding the settlement. The attorney did testify, however, that he prepared a written agreement pursuant to the terms agreed to at mediation at which defendant was present, plaintiff wanted his own counsel to review the agreement, and defendant’s personal counsel provided comments regarding a confidentiality clause. The attorney also testified that, as a result of those circumstances, he forwarded the written agreement to plaintiffs’ counsel and requested that plaintiffs execute the document in order to conclude the matter. By way of a written opinion, the trial judge found that defendant’s former attorney was “very credible” and concluded for reasons that the attorney was “acting under the authority of his clients.” The appellate panel agreed and affirmed the enforcement of the settlement.
