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MATTER OF UNITED STATES SURGICAL CORP. v. PIGNATARO

157 A.D.2d 547 (1990)

In the Matter of United States Surgical Corporation, Respondent, v. Ralph Pignataro, Appellant

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

January 18, 1990

Respondent-appellant's assertion of an oral settlement made over the telephone on February 12, 1988 is inadequate to constitute a binding agreement under CPLR 2104 as the purported agreement was not made in open court, subscribed by the party to be bound or his attorney, or reduced to the form of an order and entered (Matter of Dolgin Eldert Corp., 31 N.Y.2d 1). Moreover, his claim of...

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