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Matter of U.S. Surgical Corp. v. Pignataro

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1990
157 A.D.2d 547 (N.Y. App. Div. 1990)

Summary

finding that a letter did not constitute a settlement agreement because it expressly contemplated additional negotiations

Summary of this case from Aderman v. Niagara Wheatfield Central School District

Opinion

January 18, 1990

Appeal from the Supreme Court, New York County (Eve Preminger, J.).


Respondent-appellant's assertion of an oral settlement made over the telephone on February 12, 1988 is inadequate to constitute a binding agreement under CPLR 2104 as the purported agreement was not made in open court, subscribed by the party to be bound or his attorney, or reduced to the form of an order and entered (Matter of Dolgin Eldert Corp., 31 N.Y.2d 1). Moreover, his claim of a binding agreement on the basis of petitioner's March 2, 1988 written communication is also insufficient since the substantive terms thereof were to take effect only upon execution of the agreement, and the only signed writing was the attached cover letter which clearly characterized the substantive term as "a draft of a proposed settlement agreement" (Brause v. Goldman, 10 A.D.2d 328, affd 9 N.Y.2d 620). We have considered appellant's other contentions and find them to be without merit.

Concur — Kupferman, J.P., Asch, Milonas, Wallach and Rubin, JJ.


Summaries of

Matter of U.S. Surgical Corp. v. Pignataro

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1990
157 A.D.2d 547 (N.Y. App. Div. 1990)

finding that a letter did not constitute a settlement agreement because it expressly contemplated additional negotiations

Summary of this case from Aderman v. Niagara Wheatfield Central School District
Case details for

Matter of U.S. Surgical Corp. v. Pignataro

Case Details

Full title:In the Matter of UNITED STATES SURGICAL CORPORATION, Respondent, v. RALPH…

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

Date published: Jan 18, 1990

Citations

157 A.D.2d 547 (N.Y. App. Div. 1990)
549 N.Y.S.2d 732

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