Resnick v. Valente

OPINION

This is an appeal from an order granting respondents’ “Motion to Enforce Settlement Agreement” and from the judgment entered in favor of respondents pursuant to such motion.

The issue presented is whether an alleged oral settlement made by counsel may summarily be reduced to judgment upon the motion of one party without an evidentiary hearing. We hold that it may not.

On August 24, 1979, appellants’ counsel accepted a settlement offer orally presented by respondents’ counsel. Early the next day appellants’ counsel notified opposing counsel that the settlement was not acceptable to his…