Makastchian v. Oxford Health Plans, Inc.

—Order, Supreme Court, New York County (Stuart Cohen, J.), entered February 6, 1997, which denied plaintiffs’ motion for approval and enforcement of a purported class action settlement, unanimously affirmed, without costs.

We agree with the motion court that the parties intended to be bound only by a formal written settlement agreement. Since it was never achieved, the purported agreement cannot be enforced against defendants (see, Matter of United States Surgical Corp. v Pignataro, 157 AD2d 547). Nor can an enforceable settlement be drawn from the parties’ correspondence, which does not…