Motion to Enforce Settlement in New York

What Is a Motion to Enforce Settlement?

Background

“CPLR 2104 provides that an agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party, unless, it is in a writing subscribed by him or his attorney.” (Bonnette v LongIsland Coll. Hosp. (2004) 3 N.Y.3d 281, 283 [concluding that the agreement, although undisputed, was never sufficiently reduced to writing, and was therefore unenforceable and affirming the Appellate Division order so holding].)

How to Structure the Motion

A motion for enforcement of a settlement agreement centers on whether the moving party can show the following two elements:

that the stipulation is “definite and complete,” (Town of Warwick v. Black Bear Campgrounds (2012) 95 A.D.3d 1002, 1003.); and
all material terms must are presented. (Bonnette v. Long Is. Coll. Hosp., 3 N.Y.3d 281, 283.)

“[Where] a stipulation contains so many factual errors, ambiguities, cross-outs, and handwritten alterations which were never initialed by the parties, ... it cannot be said to be definite and complete....” (Feltman v. Feltman (2012) 100 A.D.3d 753 citing CPLR 2104; Bonnette v. Long Is. Coll. Hosp., 3 N.Y.3d at 283.)

“The plain language of the statute directs that the agreement itself must be in writing, signed by the party (or attorney) to be bound (CPLR 2104). As [the court] remarked over a century ago:

‘This rule is of somewhat ancient origin. It grew out of the frequent conflict between attorneys as to agreements made with reference to proceedings in actions, and was intended to relieve the courts from the constant determination of controverted questions of fact with reference to such proceedings.’”

(Bonnette, 3 N.Y.3d at 285 citing Mutual Life Ins. Co. of N.Y. v. O'Donnell (1895) 146 NY 275, 279.)

The Court’s Decision

The Court of Appeals in Bonnette also factored in New York’s strong policy promoting certainty in settlements, finding it imperative that settlements be clear, final and the product of mutual assent in order to allow parties to conduct settlement negotiations without the fear of being bound by preliminary offers. (Bonnette, 3 N.Y.3d at 286.)

In Williamson, the court held that an email exchange between parties was sufficiently clear and concrete to constitute an enforceable contract and further indicated that the defendant was aware, consented, and intended to be bound by the settlement. (Williamson v. Delsener (2009) 59 A.D.3d 291, 292.) Moreover,the record in that case contained no indication to contrary. (Id.) New York courts have held that an email message may be considered “subscribed” as required by CPLR 2104 and therefore capable of enforcement where there is a manifestation of mutual assent to all material terms of the agreement, and the party to be charged, or its agent, types its name under circumstances manifesting an intent to be bound by that agreement. (Bonnette, 3 N.Y.3d at 286 citing Kataldo v. Atl. Chevrolet Cadillac (2018) 161 A.D.3d 1059, 1060; see also Forcelli v. Gelco Corp. (2013) 109 A.D.3d 244, 248.)

A stipulation is subject to the general rules of contract interpretation and will be construed in accordance with its terms and the intent of the parties. (Sharp v. Stavisky (1995) 221 A.D.2d 216, 217; see also, Hallock v State of N.Y. (1984) 64 N.Y.2d 224, 230.) Only where there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident, will a party be relieved form the consequences of a stipulation made during litigation. (Hallock at 230.)

Documents for Motion to Enforce Settlement in New York

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Global Merchant Cash, Inc. v. Tammy Tran Attorneys At Law, Llp a/k/a Tammy Tran Law Firm, The Tammy Tran Law Firm Pllc a/k/a Tammy Tran PLLC, Minh Tam Tran a/k/a Tammy Tran document preview - page 1 of 6

Notice of Motion to Enforce

INDEX NO. 155239/2022 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 09/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X GLOBAL MERCHANT CASH, INC., Index No. 155239/2022 …

Case Name Global Merchant Cash, Inc. v. Tammy Tran Attorneys At Law, Llp a/k/a Tammy…