Public Administrator v. Bankers Trust Co.

Order, Supreme Court, New York County (Burton S. Sherman, J.), entered December 18, 1990, which, upon the basis of an open court settlement, directed that the action be discontinued, with prejudice, as against defendant Bankers Trust Company, with leave to commence a plenary action on the settlement agreement should the parties be so advised, unanimously modified, on the law, the facts, and in the exercise of discretion, to dismiss the action as against defendant Bankers Trust Company, and otherwise affirmed, without costs.

An oral stipulation entered "between counsel in open court” *593is…