Iodice v. Iodice

Full title: CLAUDIO IODICE, Appellant, v. FRANK IODICE, Respondent

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

Date published: Feb 25, 1992

180 A.D.2d 563 (N.Y. App. Div. 1992)

580 N.Y.S.2d 266

Opinion

February 25, 1992

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).

The IAS court properly held that the letters exchanged between the parties' attorneys do not evidence a definite, binding agreement settling the action. Particularly persuasive is the fact that the letter written by defendant's counsel clearly stated that it constituted a proposal of settlement, and contemplated that there be further negotiation (see, Brause v Goldman, 10 A.D.2d 328, affd 9 N.Y.2d 620).

Concur — Sullivan, J.P., Milonas, Kupferman, Ross and Smith, JJ.