Queens, NY asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for New York

Q: A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party

A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.

A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party B with adequate legal counsels.

Under pressure the pro Se party signed the settlement agreement after much persuasiveness from the other sides legal counsel that the agreement will be entered with an addendum alongs with the edits discussed to be included on page 2 of 3 of the agreement.

The agreement was uploaded without the 2nd of 3 pages and the addendum to the agreement was anything but what was discussed Hours earlier.

Upon noticing the uploaded version the Unrepresented prose party issued certified notices to immediately rescind on the basis of out right fraud. The party with counselors DID NOT ARGUE A DEFENSE ON THE ISSUE OF FRAUD IN THE AGREEMENT. THE AGREEMENT ALSO CONSTITUTED A CRIMINAL

1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
  • New York, NY
  • Licensed in New York

A: So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these additional terms. It really depends on whether the additional terms that counsel is adding to the agreement are materially altering the terms and conditions of the settlement agreement. Most settlement agreements are more than just an agreement to pay a certain dollar amount. Rather, they often include hold harmless provisions, confidentiality clauses, etc.

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