Plaintiff argues that he has demonstrated a valid settlement agreement not subject to CPLR 2104's requirement that it be written because it was not made in an action. However, in his action, he has not alleged breach of the claimed agreement, but rather has sued only in tort. His pleading made no reference to the settlement negotiations or the alleged agreement, and, without litigating the tort claim he has leveled against defendant, he has moved for leave to enter a judgment...
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