Appellate Division of the Supreme Court of New York, 1991

Soanes v. Empire Blue Cross/Blue Shield

Soanes v. Empire Blue Cross/Blue Shield
Appellate Division of the Supreme Court of New York · Decided December 10, 1991
178 A.D.2d 189; 576 N.Y.S.2d 789; 1991 N.Y. App. Div. LEXIS 16078
Soanes v. Empire Blue Cross/Blue Shield

Opinion of the Court

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered July 10, 1991, which, inter alia, denied plaintiffs’ motion to direct defendant to comply with a stipulation, unanimously affirmed, with costs.

The trial court properly denied the motion. In interpreting a stipulation, a court’s task is to determine the intent and purpose of the parties’ agreement. (Kraker v Roll, 100 AD2d 424, 436.) A fair reading of the stipulation, examined within the context of the record as a whole, indicates that by agreeing to keep the contracts "in full force and effect”, defendant did not undertake to pay disputed claims. Concur—Carro, J. P., Rosenberger, Wallach, Ross and Asch, JJ.

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