Cunha v. Shapiro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.
We address two issues of first impression for this Court involving “high-low” agreements. The first issue is whether a high-low agreement, when triggered, is a voluntary settlement of an action or, alternatively, a mere stipulated modification of the jury’s verdict. The second issue, if a high-low agreement constitutes a settlement, is whether the plaintiff must exchange a general release and stipulation of discontinuance to commence the defendant’s 21-day payment period before the plaintiff may file a judgment with interest, costs, and disbursements under CPLR…
2Cases cited26 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- Mitchell v. New York HospitalNew York Court of Appeals · 1984
- Sontag v. SontagAppellate Division of the Supreme Court of the State of New York · 1985
- Newman v. NewmanAppellate Division of the Supreme Court of the State of New York · 1997
- Gold v. United Health Services Hospitals, Inc.New York Court of Appeals · 2001
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3Cited by30 opinions
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- Esposito v. PodolskyAppellate Division of the Supreme Court of the State of New York · 2013
- Rodriguez v. Villarreal, Texas Court of Appeals, 14th District (Houston)2010
- Doubrovinskaya v. DembitzerAppellate Division of the Supreme Court of the State of New York · 2010
- Matamoros v. TovbinAppellate Division of the Supreme Court of the State of New York · 2011
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