Opinion
December 4, 1997
Appeal from the Supreme Court, New York County (Stuart Cohen, J.).
We agree with the motion court that the parties intended to be bound only by a formal written settlement agreement. Since it was never achieved, the purported agreement cannot be enforced against defendants ( see, Matter of United States Surgical Corp. v. Pignataro, 157 A.D.2d 547). Nor can an enforceable settlement be drawn from the parties' correspondence, which does not address several material terms ( see, Martin Delicatessen v. Schumacher, 52 N.Y.2d 105, 109-110), including, in particular, attorneys' fees ( see, Evans v. Jeff D., 475 U.S. 717, 734). We reject plaintiffs' argument that the court should have ruled separately on attorneys' fees despite the absence of an express request by the litigants ( see, Huertas v. East Riv. Hous. Corp., 813 F.2d 580). We have considered plaintiffs' other arguments and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Tom, Mazzarelli and Colabella, JJ.