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MAKASTCHIAN v. OXFORD HEALTH PLANS, INC.

245 A.D.2d 23 (1997)

665 N.Y.S.2d 864

Varoujan Makastchian et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Oxford Health Plans, Inc., et al., Respondents

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

December 4, 1997

We agree with the motion court that the parties intended to be bound only by a formal written settlement agreement. Since it was never achieved, the purported agreement cannot be enforced against defendants (see, Matter of United States Surgical Corp. v Pignataro, 157 A.D.2d 547). Nor can an enforceable settlement be drawn from the parties' correspondence, which does not address several...

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