MONASEBIAN v. DU BOIS


30 A.D.2d 839 (1968)

Parviz Monasebian, Respondent, v. Edwin R. Du Bois et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 15, 1968


Affirmed, without costs.

Upon this record it is clear that the proposed $5,000 settlement was necessarily tentative, as the liens and assignments exceeded the money available. There is present here neither a written stipulation of settlement nor a settlement reached in open court and spread upon the minutes, which could be construed as a superseding agreement terminating the old cause of action and substituting therefor a new liability (see Langlois v. Langlois...

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