Opinion
6422N.
June 23, 2005.
Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered August 17, 2004, which, to the extent appealed from, denied enforcement of a so-ordered stipulation of settlement, unanimously affirmed, without costs.
Jackson Lewis LLP, New York (Felice B. Ekelman of counsel), for appellants.
Goldberg Fliegel LLP, New York (Kenneth A. Goldberg of counsel), for respondent.
Before: Mazzarelli, J.P., Friedman, Nardelli and Williams, JJ.
As correctly found by the IAS court, the stipulation reached in open court on December 4, 2003 did not create a binding contract, inasmuch as it was expressly contingent upon the parties entering into a mutually agreeable settlement in writing, which did not occur ( see Matter of Meister, 43 AD2d 41, appeals dismissed 34 NY2d 698).