Legal Opinion
Teitelbaum Holdings, Ltd. v. Gold
New York Court of Appeals
Decided October 16, 1979PublishedCited by 307 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
At issue here is an important procedural question concerning whether a stipulation settling a lawsuit may be enforced by way of motion or plenary action. Plaintiff moved for enforcement of the settlement agreement, and Special Term granted the requested relief. On appeal, a closely divided Appellate Division reversed, holding that a plenary action was necessary, inasmuch as the underlying suit had terminated (64 AD2d 568).
There should be a reversal. A settlement agreement entered into by parties to a lawsuit does not terminate the action unless there has…
2Cases cited9 opinions
- In Re Estate of FrutigerNew York Court of Appeals · 1971
- Yonkers Fur Dressing Co. v. Royal InsuranceNew York Court of Appeals · 1928
- West, Weir & Bartel, Inc. v. Mary Carter Paint Co.New York Court of Appeals · 1969
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Mutual Life Insurance v. O'DonnellNew York Court of Appeals · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by307 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Seiden Associates, Inc. v. Anc Holdings, Inc., American National Can Co.Court of Appeals for the Second Circuit · 1992
- Krumme v. WestPoint Stevens Inc.Court of Appeals for the Second Circuit · 2000
- S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
302 more not listed; retrieve them via the Exa API.