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.