Home Insurance v. United Air Lines, Inc.

This is an action by the plaintiff to enforce an alleged oral stipulation of settlement. Plaintiff ■ insurance carrier, a subrogee of the parties who sustained the loss, brings this action for the sum of $800 on behalf of two plaintiffs whose baggage was lost in transit. The defendant raises several defenses relying mainly on the fact that the stipulation of settlement was not in writing and therefore not enforceable under CPLR 2104.

CPLR 2104 provides as follows: “ An agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open…