Forcelli v. Gelco Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sgroi, J.
On these appeals we address the question of whether an email message can satisfy the criteria of CPLR 2104 so as to constitute a binding and enforceable stipulation of settlement. Under the circumstances of this case, we conclude that the subject email settlement agreement was enforceable.
On the morning of November 16, 2008, in Westchester County, there was a three-car accident involving the defendant Mitchell G. Mailer, who was driving a car owned by the defendant Gelco Corporation, and leased to Mailer’s employer, Xerox Corporation. The second car was driven by…
2Cases cited22 opinions
- In re AhoNew York Court of Appeals · 1976
- Hallock v. StateNew York Court of Appeals · 1984
- Bonnette v. Long Island College HospitalNew York Court of Appeals · 2004
- Newmark & Co. Real Estate Inc. v. 2615 East 17 Street Realty LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Diarassouba v. UrbanAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by34 opinions
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- Yan Ping Liang v. Wei Xuan GaoAppellate Division of the Supreme Court of the State of New York · 2014
- Jimenez v. YanneAppellate Division of the Supreme Court of the State of New York · 2017
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