Opinion
No. 4915.
December 30, 2008.
Order, Supreme Court, New York County (Louis B. York, J.), entered October 12, 2007, which denied plaintiff's motion to enforce a purported settlement agreement between plaintiff and defendant Seward Park Housing Corp., unanimously affirmed, without costs.
Weg and Myers, P.C., New York (Joshua L. Mallin of counsel), for appellant.
Anderson Ochs, LLP, New York (Mitchell H. Ochs of counsel), for respondent.
Before: Gonzalez, J.P., Nardelli, Buckley and Acosta, JJ.
The parties' communications with respect to settlement were insufficient to meet the requirements of CPLR 2104, which provides that a settlement agreement "is not binding upon a party unless it is in a writing subscribed by [the party] or [its] attorney or reduced to the form of an order and entered" ( see Bonnette v Long Is. Coll. Hosp., 3 NY3d 281, 285-286). Nor is the computer entry by the County Clerk containing the word "SETTLED" sufficient to satisfy the open-court requirement set forth in CPLR 2104 ( see Matter of Dolgin Eldert Corp., 31 NY2d 1, 9-10; Gustaf v Fink, 285 AD2d 625, 626).
We have considered plaintiff's remaining arguments and find them unavailing.