Jacknis v. Fire Prevention Products Corp.

Appellate Division of the Supreme Court of New York

Jacknis v. Fire Prevention Products Corp.

78 A.D.2d 651, 432 N.Y.S.2d 237, 1980 N.Y. App. Div. LEXIS 13144

Appellate Division of the Supreme Court of the State of New York·Decided October 14, 1980·Published·Cited by 2 cases

Opinion

a negligence action to recover damages for personal injuries, defendant Fire Prevention Products Corp. appeals from an order of the Supreme Court, Kings County, dated January 22, 1980, which denied its motion to strike the action from the Trial Calendar and to compel plaintiffs to execute general releases to defendants. Order affirmed, with $50 costs and disbursements. The purported stipulation of settlement asserted by the appellant is unenforceable since it was neither in writing nor made in open court (see CPLR 2104; Matter of Dolgin Eldert Corp., 31 NY2d 1). Gibbons, J. P., Gulotta, Margett and Martuscello, JJ., concur.

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a negligence action to recover damages for personal injuries, defendant Fire Prevention Products Corp. appeals from an order of the Supreme Court, Kings County, dated January 22, 1980, which denied its motion to strike the action from the Trial Calendar and to compel plaintiffs to execute general releases to defendants. Order affirmed, with $50 costs and disbursements. The purported stipulation of settlement asserted by the appellant is unenforceable since it was neither in writing nor made in open court (see CPLR 2104; Matter of Dolgin Eldert Corp., 31 NY2d 1). Gibbons, J. P., Gulotta, Margett and Martuscello, JJ., concur.

Jacknis v. Fire Prevention Products Corp., 78 A.D.2d 651, 432 N.Y.S.2d 237, 1980 N.Y. App. Div. LEXIS 13144 (N.Y. Ct. App. 1980).

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