Bach v. River Restaurant, Inc.

OPINION OF THE COURT

Harold Tompkins, J.

The issue raised on this motion is what remedy is available to a plaintiff’s attorney to enforce an agreed monetary settlement merely noted on the court record by the Judge. No formal stipulation of settlement was reduced to writing providing for the entry of judgment in the event the settlement is not paid within a fixed period of time. However the agreement was made in open court and is binding. (CPLR 2104.)

Counsel for the plaintiff, who is 84 years old, and counsel for the defendant, a well-known restaurant in New York, settled this negligence action…