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PHILLIPS v. PAMPER DECORATING SERV.

228 A.D.2d 425 (1996)

643 N.Y.S.2d 666

Constance Phillips, Respondent, v. Pamper Decorating Service, Defendant, and Alluring Floorings, Inc., Appellant

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

June 3, 1996

Ordered that the judgment is reversed, without costs or disbursements, the order dated February 23, 1995, is vacated, the motion is granted, the purported settlement order is vacated, and the matter is remitted to the Supreme Court, Queens County, for restoration to the trial calendar.

We agree with the appellant that there is insufficient evidence that a final settlement agreement was ever reached in open court (see...

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