Public Adj Bur., Inc. v Greater N.Y. Mut. Ins. Co.

Public Adj. Bur., Inc. v Greater N.Y. Mut. Ins. Co. 2008 NY Slip Op 10210 [57 AD3d 441] December 30, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

Public Adjustment Bureau, Inc., Appellant,
v
Greater New York Mutual Insurance Company, Defendant, and Seward Park Housing Corp., Respondent.

—[*1] Weg and Myers, P.C., New York (Joshua L. Mallin of counsel), for appellant.

Anderson & Ochs, LLP, New York (Mitchell H. Ochs of counsel), for respondent.

Order, Supreme Court, New York County (Louis B. York, J.), entered October 12, 2007, which denied plaintiff's motion to enforce a purported settlement agreement between plaintiff and defendant Seward Park Housing Corp., unanimously affirmed, without costs.

The parties' communications with respect to settlement were insufficient to meet the requirements of CPLR 2104, which provides that a settlement agreement "is not binding upon a party unless it is in a writing subscribed by [the party] or [its] attorney or reduced to the form of an order and entered" (see Bonnette v Long Is. Coll. Hosp., 3 NY3d 281, 285-286 [2004]). Nor is the computer entry by the County Clerk containing the word "SETTLED" sufficient to satisfy the open-court requirement set forth in CPLR 2104 (see Matter of Dolgin Eldert Corp., 31 NY2d 1, 9-10 [1972]; Gustaf v Fink, 285 AD2d 625, 626 [2001]).

We have considered plaintiff's remaining arguments and find them unavailing. Concur—Gonzalez, J.P., Nardelli, Buckley and Acosta, JJ.