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Malvin v. Schwartz

397 N.E.2d 748, 48 N.Y.2d 693, 422 N.Y.S.2d 58, 1979 N.Y. LEXIS 2355
CourtNew York Court of Appeals
DecidedOctober 16, 1979
StatusPublished
Cited by15 cases

This text of 397 N.E.2d 748 (Malvin v. Schwartz) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Malvin v. Schwartz, 397 N.E.2d 748, 48 N.Y.2d 693, 422 N.Y.S.2d 58, 1979 N.Y. LEXIS 2355 (N.Y. 1979).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Since the parties had not executed an express stipulation of discontinuance of the action, or entered judgment in accordance with their settlement agreement, the action had not terminated. Thus, the settlement was amenable to enforcement by motion (Teitelbaum Holdings v Gold, 48 NY2d 51). Furthermore, insofar as defendant was relieved from adherence to the letter of the settlement, it cannot be said that there was an abuse of discretion as a matter of law (see, e.g., Barry v Mutual Life Ins. Co., 53 NY 536, 540).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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Cite This Page — Counsel Stack

Bluebook (online)
397 N.E.2d 748, 48 N.Y.2d 693, 422 N.Y.S.2d 58, 1979 N.Y. LEXIS 2355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malvin-v-schwartz-ny-1979.