What is the test for obtaining the consent of a creditor in a personal injury case?
"New York", United States of America
The following excerpt is from Aguiar v. Harper & Row Publishers, Inc., 114 Misc.2d 828, 452 N.Y.S.2d 519 (N.Y. City Ct. 1982):
" 'Under such circumstances the assent of the creditor to the terms proposed by the debtor will be implied, and no words of protest can affect the legal quality of his act'. (Fuller v. Kemp, 138 N.Y. 231, 237, 33 N.E. 1034, 1035)".
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