Opinion
07-13-2017
Jose JIMENEZ, Plaintiff, Tanya Morales, Plaintiff–Respondent, v. Patrick YANNE, et al., Defendants–Appellants.
McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York (Rosalie J. Trigona of counsel), for appellants.
McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York (Rosalie J. Trigona of counsel), for appellants.
Order, Supreme Court, New York County (Leticia M. Ramirez, J.), entered April 12, 2016, which denied defendants' motion to enforce a settlement agreement as to plaintiff Tanya Morales, unanimously reversed, on the law, without costs, and the motion granted.
The email communications between plaintiffs' counsel and defendants' counsel sufficiently set forth an enforceable agreement to settle plaintiffs' personal injury claims, including that of plaintiff Morales (see Williamson v. Delsener, 59 A.D.3d 291, 874 N.Y.S.2d 41 [1st Dept.2009] ). Plaintiffs' counsel, who had authority to bind Morales, accepted defendants' offer (see Kowalchuk v. Stroup, 61 A.D.3d 118, 122, 873 N.Y.S.2d 43 [1st Dept.2009] ). Furthermore, counsel typed his name at the end of the email accepting defendants' offer, which satisfied CPLR 2104's requirement that settlement agreements be in a "writing subscribed by him or his attorney" in order to be enforceable (CPLR 2104 ; see Forcelli v. Gelco Corp., 109 A.D.3d 244, 251, 972 N.Y.S.2d 570 [2nd Dept.2013] ; Newmark & Co. Real Estate Inc. v. 2615 E. 17 St. Realty LLC, 80 A.D.3d 476, 477, 914 N.Y.S.2d 162 [1st Dept.2011] ; Stevens v. Publicis S.A., 50 A.D.3d 253, 255–256, 854 N.Y.S.2d 690 [1st Dept.2008], lv. dismissed 10 N.Y.3d 930, 862 N.Y.S.2d 333, 892 N.E.2d 399 [2008], citing Rosenfeld v. Zerneck, 4 Misc.3d 193, 195, 776 N.Y.S.2d 458 [Sup.Ct., Kings County 2004] ), thus creating a binding settlement agreement.
SWEENY, J.P., MAZZARELLI, WEBBER, KAHN, KERN, JJ., concur.