Kirkeby-Natus Corp. v. Gevinson

Order unanimously reversed, without costs, and matter remitted to Trial Term of Onondaga Supreme Court for further proceedings in accordance with the following memorandum: In this litigation concerning the existence and tenor of an alleged agreement settling a consolidated action, respondent by an order to show cause attempted to enforce the alleged oral agreement on the grounds that it constituted a stipulation of settlement entered into under circumstances substantially equivalent to “ open court ” and was relied upon by the respondent to its prejudice. The affidavits are furnished by…