Acot v. New York Medical College
Acot v. New York Medical College
Opinion of the Court
SUMMARY ORDER
UPON SUBMISSION AND DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby AFFIRMED.
Plaintiff-Appellant Elisa Acot, pro se, appeals from a judgment of the United States District Court for the Southern District of New York entered on June 18, 2003 granting New York Medical College’s petition to enforce a settlement agreement. We assume familiarity with the underlying facts of this case, its procedural context, and the issues which have been raised for appellate review.
A district court has the power to enforce a settlement agreement reached in a case • that was pending before it. See Janus Films, Inc. v. Miller, 801 F.2d 578, 583 (2d Cir. 1986). Under New York or federal law, an oral settlement is binding if it is
A party cannot avoid a settlement by refusing to sign settlement papers memorializing the settlement terms reported to the court. “When a party makes a deliberate, strategic choice to settle, she cannot be relieved of such a choice merely because her assessment of the consequences was incorrect.” United States v. Bank of New York, 14 F.3d 756, 759 (2d Cir. 1994). The fact that parties to an oral agreement contemplate memorializing their agreement in a subsequently executed document will not prevent them from being bound by the oral agreement. See V’Soske v. Barwick, 404 F.2d 495, 499 (2d Cir. 1968).
An agreement to end a lawsuit is construed according to contract principles. United States v. Sforza, 326 F.3d 107, 115 (2d Cir. 2003). Whether the parties had a “meeting of the minds” is to be determined by an examination of the totality of the circumstances. Id. at 116. There is ample evidence to support the District Court’s conclusion that the parties reached a meeting of the minds and that Acot was therefore bound to the terms of the settlement agreement. The record of the settlement agreement reflects that Acot, while represented by counsel, affirmatively stated on two occasions, in response to the administrative law judge’s questioning, that she agreed to the terms of the agreement and understood that the settlement would terminate her federal lawsuit.
We have considered all of Acot’s contentions on appeal and find them to be without merit. The judgment of the District Court is hereby AFFIRMED.
Reference
- Full Case Name
- Elisa M. ACOT v. NEW YORK MEDICAL COLLEGE
- Cited By
- 2 cases
- Status
- Published