Opinion
November 9, 1995
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
The IAS Court properly reformed the stipulation of settlement placed on the record in open court to reflect the true intentions of the parties in entering into a "high-low" settlement agreement. Although the agreement placed on the record was not ambiguous, the court was warranted in concluding that it was the product of mistake since its terms were contradictory to that which is universally understood to be a "highlow" agreement ( Curtis v Albee, 167 N.Y. 360, 364; Pahl Equip. Corp. v Kassis, 182 A.D.2d 22, 29). If the court had vitiated the stipulation altogether, plaintiff would have received a lower judgment in the sum of $73,525, taking into account the 15% reduction of the $86,500 jury award which would have been mandated for his comparative negligence.
Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.