Public Adjustment Bureau, Inc. v. Greater New York Mutual Insurance

Appellate Division of the Supreme Court of New York

Public Adjustment Bureau, Inc. v. Greater New York Mutual Insurance

57 A.D.3d 441, 869 N.Y.2d 339

Appellate Division of the Supreme Court of the State of New York·Decided December 30, 2008·Published

Opinion

The parties’ communications with respect to settlement were insufficient to meet the requirements of CPLR 2104, which provides that a settlement agreement “is not binding upon a party unless it is in a writing subscribed by [the party] or [its] attorney or reduced to the form of an order and entered” (see Bonnette v Long Is. Coll. Hosp., 3 NY3d 281, 285-286 [2004]). Nor is the computer entry by the County Clerk containing the word “SETTLED” sufficient to satisfy the open-court requirement set forth in CPLR 2104 (see Matter of Dolgin Eldert Corp., [442] 31 NY2d 1, 9-10 [1972]; Gustaf v Fink, 285 AD2d 625, 626 [2001]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur—Gonzalez, J.P., Nardelli, Buckley and Acosta, JJ.

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The parties’ communications with respect to settlement were insufficient to meet the requirements of CPLR 2104, which provides that a settlement agreement “is not binding upon a party unless it is in a writing subscribed by [the party] or [its] attorney or reduced to the form of an order and entered” (see Bonnette v Long Is. Coll. Hosp., 3 NY3d 281, 285-286 [2004]). Nor is the computer entry by the County Clerk containing the word “SETTLED” sufficient to satisfy the open-court requirement set forth in CPLR 2104 (see Matter of Dolgin Eldert Corp., [442] 31 NY2d 1, 9-10 [1972]; Gustaf v Fink, 285 AD2d 625, 626 [2001]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur—Gonzalez, J.P., Nardelli, Buckley and Acosta, JJ.

Public Adjustment Bureau, Inc. v. Greater New York Mutual Insurance, 57 A.D.3d 441, 869 N.Y.2d 339 (N.Y. Ct. App. 2008).

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57 A.D.3d 441 (Public Adjustment Bureau, Inc. v. Greater New York Mutual Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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