Harrison v NYU Downtown Hosp.

Harrison v NYU Downtown Hosp. 2014 NY Slip Op 03341 Decided on May 8, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 8, 2014
Saxe, J.P., Moskowitz, Freedman, Gische, Kapnick, JJ.
12426 107810/08

[*1]David Harrison, Plaintiff-Respondent, --

v

NYU Downtown Hospital, et al., Defendants-Appellants.




Cascone & Kluepfel, LLP, Garden City (Howard Altman of
counsel), for appellants.
Richard J. Katz, LLP, New York (Richard J. Katz of counsel),
for respondent.

Order, Supreme Court, New York County (George J. Silver, J.), entered March 6, 2013, which denied defendants' motion to enforce a settlement agreement, unanimously reversed, on the law, without costs, and the motion granted.

This matter was settled in "open court" where, following negotiations in the trial-ready part with the assistance of the presiding judge, the part notified the County Clerk, who marked the matter "settled ... $85,000" (see CPLR 2104; Hawkins v City of New York, 40 AD3d 327 [1st Dept 2007]; Popovic v New York City Health and Hosps. Corp., 180 AD2d 493 [1st Dept 1992]). Plaintiff does not dispute the terms of the settlement and the settlement was memorialized by the court (cf. Velazquez v St. Barnabas Hosp., 13 NY3d 894 [2009][settlement not binding where conditions of settlement not recorded or memorialized, and agreement not made in open court or filed with county clerk]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 8, 2014

CLERK