Harrison v. NYU Downtown Hospital

Appellate Division of the Supreme Court of New York

Harrison v. NYU Downtown Hospital

117 A.D.3d 479, 985 N.Y.S.2d 513

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 8, 2014

StatusPublished

This text of 117 A.D.3d 479 (Harrison v. NYU Downtown Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harrison v. NYU Downtown Hospital, 117 A.D.3d 479, 985 N.Y.S.2d 513 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, New York County (George J. Silver, J.), entered March 6, 2013, which denied defendants’ motion to enforce a settlement agreement, unanimously reversed, on the law, without costs, and the motion granted.

This matter was settled in “open court” where, following negotiations in the trial-ready part with the assistance of the presiding judge, the part notified the County Clerk, who marked the matter “settled . . . $85,000” (see CPLR 2104; Hawkins v City of New York, 40 AD3d 327 [1st Dept 2007]; Popovic v New York City Health & Hosps. Corp., 180 AD2d 493 [1st Dept 1992]). Plaintiff does not dispute the terms of the settlement and the settlement was memorialized by the court (cf. Velazquez v St. Barnabas Hosp., 13 NY3d 894 [2009] [settlement not binding where conditions of settlement not recorded or memorialized, and agreement not made in open court or filed with county clerk]).

Concur—Saxe, J.P, Moskowitz, Freedman, Gische and Kapnick, JJ.

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Order, Supreme Court, New York County (George J. Silver, J.), entered March 6, 2013, which denied defendants’ motion to enforce a settlement agreement, unanimously reversed, on the law, without costs, and the motion granted.

This matter was settled in “open court” where, following negotiations in the trial-ready part with the assistance of the presiding judge, the part notified the County Clerk, who marked the matter “settled . . . $85,000” (see CPLR 2104; Hawkins v City of New York, 40 AD3d 327 [1st Dept 2007]; Popovic v New York City Health & Hosps. Corp., 180 AD2d 493 [1st Dept 1992]). Plaintiff does not dispute the terms of the settlement and the settlement was memorialized by the court (cf. Velazquez v St. Barnabas Hosp., 13 NY3d 894 [2009] [settlement not binding where conditions of settlement not recorded or memorialized, and agreement not made in open court or filed with county clerk]).

Concur—Saxe, J.P, Moskowitz, Freedman, Gische and Kapnick, JJ.

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Bluebook (online)

117 A.D.3d 479, 985 N.Y.S.2d 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-nyu-downtown-hospital-nyappdiv-2014.

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