Appellate Division of the Supreme Court of New York, 1996

Phillips v. Pamper Decorating Service

Appellate Division of the Supreme Court of New York · Decided June 3, 1996

228 A.D.2d 425; 643 N.Y.2d 666; 643 N.Y.S.2d 666; 1996 N.Y. App. Div. LEXIS 6214

Cases that cite this one

9 later published cases cite this decision.

Johnson v. Four G's Truck Rental (Appellate Division of the Supreme Court of New York 1997)
Diarassouba v. Urban (Appellate Division of the Supreme Court of New York 2009)
Maldonado v. Novartis Pharmaceuticals Corp. (Appellate Division of the Supreme Court of New York 2007)
Gustaf v. Fink (Appellate Division of the Supreme Court of New York 2001)
Cioffredi v. P.T. Karikas Corp. (Appellate Division of the Supreme Court of New York 2000)
Gasparello v. A. Ottavino Corp. (Appellate Division of the Supreme Court of New York 1999)
Gasparello v. A. Ottavino Corp. (Appellate Division of the Supreme Court of New York 1999)
Lamuraglia v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1998)
Luisi v. Luisi (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

We agree with the appellant that there is insufficient evidence that a final settlement agreement was ever reached in open court (see, CPLR 2104). The notation in the court’s personal file, which stated that the appellant offered $100,000 in settlement of the action does not establish that a settlement was reached and, in any event, was insufficient to satisfy the open court requirement of CPLR 2104 (see, Zambrana v Memnon, 181 AD2d 730). Moreover, the parties were in dispute as to whether the settlement offer of the appellant’s counsel was conditioned upon his client’s approval. Therefore, the court erred in enforcing the purported settlement agreement (see, Venuti v Booth Mem. Med. Ctr., 204 AD2d 715; Marine Midland Bank v Ramleh Enters., 202 AD2d 403). Under the circumstances of this case, we decline to award costs on this appeal to the appellant (see, CPLR 8101). Thompson, J. P., Altman, Goldstein and McGinity, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.