WILSON v. HIRO REAL ESTATE CO.


269 A.D.2d 295 (2000)

703 N.Y.S.2d 147

WILSON, ELSER, MOSKOWITZ, EDELMAN AND DICKER L. L. P., Appellant, v. HIRO REAL ESTATE CO., Respondent.

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

Decided February 24, 2000.


The motion court correctly held that the exchange of letters between the parties' attorneys did not give rise to a binding settlement agreement. Defendant's counsel's letter referred to "[t]he proposal that we have discussed", asked only whether plaintiff's counsel "would like to pursue these discussions", and was prefaced by statements characterizing the letter as part of "settlement negotiations" and stipulating that "[n]othing contained in this letter may be used by any...

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