United States Surgical Corp. v. Pignataro

Order and judgment (one paper), Supreme Court, New York County (Eve Preminger, J.), entered August 25, 1988, which, inter alia, denied respondent’s cross motion seeking to enforce a settlement agreement pursuant to CPLR 2104, is unanimously affirmed, with costs.

Respondent-appellant’s assertion of an oral settlement made over the telephone on February 12, 1988 is inadequate to constitute a binding agreement under CPLR 2104 as the purported agreement was not made in open court, subscribed *548by the party to be bound or his attorney, or reduced to the form of an order and entered (Matter of Dolgin…