Legal Opinion
Phillips v. Pamper Decorating Service
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 1996PublishedCited by 9 opinions
1Opinion of the Court
We agree with the appellant that there is insufficient evidence that a final settlement agreement was ever reached in open court (see, CPLR 2104). The notation in the court’s personal file, which stated that the appellant offered $100,000 in settlement of the action does not establish that a settlement was reached and, in any event, was insufficient to satisfy the open court requirement of CPLR 2104 (see, Zambrana v Memnon, 181 AD2d 730). Moreover, the parties were in dispute as to whether the settlement offer of the appellant’s counsel was conditioned upon his client’s approval. Therefore,…
2Cases cited3 opinions
- Zambrana v. MemnonAppellate Division of the Supreme Court of the State of New York · 1992
- Marine Midland Bank, N. A. v. Ramleh Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Venuti v. Booth Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by9 opinions
- Diarassouba v. UrbanAppellate Division of the Supreme Court of the State of New York · 2009
- Johnson v. Four G's Truck RentalAppellate Division of the Supreme Court of the State of New York · 1997
- Gustaf v. FinkAppellate Division of the Supreme Court of the State of New York · 2001
- Maldonado v. Novartis Pharmaceuticals Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Luisi v. LuisiAppellate Division of the Supreme Court of the State of New York · 1997
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