Gasparello v. A. Ottavino Corp.

—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Davis, J.), dated December 23, 1997, as denied his motion for summary judgment on the complaint in the principal sum of $20,000, based upon a purported settlement of the action.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the purported settlement did not comply with the requirements of CPLR 2104. Thus, enforcement of the settlement was not warranted and…