Gasparello v. A. Ottavino Corp.

Full title: ANTHONY G. GASPARELLO, Appellant, v. A. OTTAVINO CORP., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 19, 1999

257 A.D.2d 601 (N.Y. App. Div. 1999)

683 N.Y.S.2d 865

Opinion

January 19, 1999.

Appeal from the Supreme Court, Nassau County (Davis, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the purported settlement did not comply with the requirements of CPLR 2104. Thus, enforcement of the settlement was not warranted and the plaintiff was not entitled to summary judgment ( see, Matter of Dolgin Eldert Corp., 31 N.Y.2d 1; Phillips v. Pamper Decorating Serv., 228 A.D.2d 425; Venuti v. Booth Mem. Med. Ctr., 204 A.D.2d 715; Marine Midland Bank v. Ramleh Enters., 202 A.D.2d 403; Zambrana v. Memnon, 181 A.D.2d 730; Kalomiris v. County of Nassau, 121 A.D.2d 367).

Bracken, J.P., Ritter, Santucci and Altman, JJ., concur.