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BUSSHART v. PARK

171 A.D.2d 1079 (1991)

Leonard E. Busshart et al., Appellants, v. John H. Park et al., Respondents

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

March 8, 1991

Order unanimously affirmed without costs.

Memorandum:

The alleged agreement of settlement was not binding because it was not in writing, not made in open court, and not reduced to an order and entered (see, CPLR 2104). Defendants are not estopped from denying the existence of a valid agreement because plaintiffs did not suffer any detriment in reliance thereon (cf., Smith v Lefrak Org., 142 A.D.2d 725

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