Venuti v. Booth Memorial Medical Center

—In action to recover damages for medical malpractice, the defendants Booth Memorial Medical Center and Kenneth S. Fried appeal from an order of the Supreme Court, Queens County (Leviss, J.), dated October 2, 1992, which granted the plaintiff’s motion to restore the case to the trial calendar and denied the appellants’ cross motion to enforce a purported settlement agreement.

Ordered that the order is affirmed, with costs.

Contrary to the appellants’ contention, the record contains no evidence that a binding settlement agreement was ever made. There is no written agreement or stipulation…