Henderson v. Weston's Inc.

Yesawich, Jr., J. (dissenting).

We respectfully dissent and vote to affirm. Unlike Matter of Dolgin Eldert Corp. (31 NY2d 1), we are faced not with “inchoate, unprovable arrangements, in which the court or its officers” are embroiled (id, at p 11), but with a settlement agreement which is definite, certain and, most important, undisputed. There is no disagreement between counsel as to the terms of the agreement or any question as to their authority to enter into it. Had there been any issue in this regard, defendant undoubtedly would have favored the court with countervailing affidavits from…