TEITELBAUM HOLDINGS v. GOLD


48 N.Y.2d 51 (1979)

Teitelbaum Holdings, Ltd., Appellant, v. David C. Gold, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 16, 1979.


Attorney(s) appearing for the Case

Allen Green for appellant.

Emanuel Thebner for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


Chief Judge COOKE.

At issue here is an important procedural question concerning whether a stipulation settling a lawsuit may be enforced by way of motion or plenary action. Plaintiff moved for enforcement of the settlement agreement, and Special Term granted the requested relief. On appeal, a closely divided Appellate Division reversed, holding that a plenary action was necessary, inasmuch as the underlying suit...

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