Soanes v. Empire Blue Cross/Blue Shield

Appellate Division of the Supreme Court of New York

Soanes v. Empire Blue Cross/Blue Shield

178 A.D.2d 189, 576 N.Y.S.2d 789, 1991 N.Y. App. Div. LEXIS 16078

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

DecidedDecember 10, 1991

StatusPublished

This text of 178 A.D.2d 189 (Soanes v. Empire Blue Cross/Blue Shield) 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

Soanes v. Empire Blue Cross/Blue Shield, 178 A.D.2d 189, 576 N.Y.S.2d 789, 1991 N.Y. App. Div. LEXIS 16078 (N.Y. Ct. App. 1991).

Pincite

Opinion

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered July 10, 1991, which, inter alia, denied plaintiffs’ motion to direct defendant to comply with a stipulation, unanimously affirmed, with costs.

The trial court properly denied the motion. In interpreting a stipulation, a court’s task is to determine the intent and purpose of the parties’ agreement. (Kraker v Roll, 100 AD2d 424, 436.) A fair reading of the stipulation, examined within the context of the record as a whole, indicates that by agreeing to keep the contracts "in full force and effect”, defendant did not undertake to pay disputed claims. Concur—Carro, J. P., Rosenberger, Wallach, Ross and Asch, JJ.

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Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered July 10, 1991, which, inter alia, denied plaintiffs’ motion to direct defendant to comply with a stipulation, unanimously affirmed, with costs.

The trial court properly denied the motion. In interpreting a stipulation, a court’s task is to determine the intent and purpose of the parties’ agreement. (Kraker v Roll, 100 AD2d 424, 436.) A fair reading of the stipulation, examined within the context of the record as a whole, indicates that by agreeing to keep the contracts "in full force and effect”, defendant did not undertake to pay disputed claims. Concur—Carro, J. P., Rosenberger, Wallach, Ross and Asch, JJ.

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Bluebook (online)

178 A.D.2d 189, 576 N.Y.S.2d 789, 1991 N.Y. App. Div. LEXIS 16078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soanes-v-empire-blue-crossblue-shield-nyappdiv-1991.

Opinion

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