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

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

DecidedDecember 30, 2008

StatusPublished

This text of 57 A.D.3d 441 (Public Adjustment Bureau, Inc. v. Greater New York Mutual Insurance) 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

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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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]*44231 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]*44231 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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Bluebook (online)

57 A.D.3d 441, 869 N.Y.2d 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-adjustment-bureau-inc-v-greater-new-york-mutual-insurance-nyappdiv-2008.

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