Opinion
2013-12-17
Adwoa GYABAAH, Respondent, v. RIVLAB TRANSPORTATION CORP., Appellant, et al., Defendant, Jeffrey A. Aronsky, P.C. Nonparty–Respondent.
Law Offices of Kral Clerkin Redmond Ryan Perry & Van Etten, LLP, Melville (Elizabeth Gelfand Kastner of counsel), for appellant. Law Offices of Kenneth A. Wilhelm, New York City (Barry Liebman and Susan R. Nudelman of counsel), for respondent.
Law Offices of Kral Clerkin Redmond Ryan Perry & Van Etten, LLP, Melville (Elizabeth Gelfand Kastner of counsel), for appellant. Law Offices of Kenneth A. Wilhelm, New York City (Barry Liebman and Susan R. Nudelman of counsel), for respondent.
Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), for nonparty respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
This action was not settled because the general release and the hold harmless agreement were never delivered to defendant, nor was the acceptance of the settlement offer otherwise communicated to defendant or its carrier ( see White v. Corlies, 46 N.Y. 467, 469 [1871] ).
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question answered in the affirmative, in a memorandum. Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur. Judge ABDUS–SALAAM took no part.