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Public Administrator v. Bankers Trust Co.

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1992
182 A.D.2d 592 (N.Y. App. Div. 1992)

Opinion

April 30, 1992

Appeal from the Supreme Court, New York County (Burton S. Sherman, J.).


An oral stipulation entered "between counsel in open court" is excepted from the subscribed writing requirement for stipulations set forth in CPLR 2104 (see generally, Matter of Dolgin Eldert Corp., 31 N.Y.2d 1). The in-court oral stipulation made here during trial evidences plaintiff's unconditional agreement, through authorized counsel, to settle as against defendant Bankers Trust for $160,000 (supra; see, Hallock v State of New York, 64 N.Y.2d 224, 232). We modify only to dismiss plaintiff's complaint, mindful that leave has been granted to commence a plenary action challenging the settlement (see, Urso v Panish, 94 A.D.2d 701).

Concur — Sullivan, J.P., Carro, Ross, Asch and Smith, JJ.


Summaries of

Public Administrator v. Bankers Trust Co.

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1992
182 A.D.2d 592 (N.Y. App. Div. 1992)
Case details for

Public Administrator v. Bankers Trust Co.

Case Details

Full title:PUBLIC ADMINISTRATOR OF THE COUNTY OF NEW YORK, as Administrator of the…

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

Date published: Apr 30, 1992

Citations

182 A.D.2d 592 (N.Y. App. Div. 1992)