High v. Reuters America, Inc.

Appellate Division of the Supreme Court of New York

High v. Reuters America, Inc.

19 A.D.3d 284, 796 N.Y.S.2d 919, 2005 N.Y. App. Div. LEXIS 7016

Appellate Division of the Supreme Court of the State of New York·Decided June 23, 2005·Published·Cited by 1 cases

Opinion

Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered August 17, 2004, which, to the extent appealed from, denied enforcement of a so-ordered stipulation of settlement, unanimously affirmed, without costs.

As correctly found by the IAS court, the stipulation reached in open court on December 4, 2003 did not create a binding contract, inasmuch as it was expressly contingent upon the parties entering into a mutually agreeable settlement in writing, which did not occur (see Matter of Meister, 43 AD2d 41 [1973], appeals dismissed 34 NY2d 698 [1974]). Concur—Mazzarelli, J.P., Friedman, Nardelli and Williams, JJ.

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Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered August 17, 2004, which, to the extent appealed from, denied enforcement of a so-ordered stipulation of settlement, unanimously affirmed, without costs.

As correctly found by the IAS court, the stipulation reached in open court on December 4, 2003 did not create a binding contract, inasmuch as it was expressly contingent upon the parties entering into a mutually agreeable settlement in writing, which did not occur (see Matter of Meister, 43 AD2d 41 [1973], appeals dismissed 34 NY2d 698 [1974]). Concur—Mazzarelli, J.P., Friedman, Nardelli and Williams, JJ.

High v. Reuters America, Inc., 19 A.D.3d 284, 796 N.Y.S.2d 919, 2005 N.Y. App. Div. LEXIS 7016 (N.Y. Ct. App. 2005).

Pincite

19 A.D.3d 284 (High v. Reuters America, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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