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BONNETTE v. LONG IS COLL HOSP.

3 N.Y.3d 281 (2004)

819 N.E.2d 206

785 N.Y.S.2d 738

TANYA BONNETTE, Individually and as Mother and Natural Guardian of MAJHAN WIGGINS, Appellant, v. LONG ISLAND COLLEGE HOSPITAL et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 21, 2004.

Attorney(s) appearing for the Case

Thomas Torto, New York City, and Richard Frank, P.C., for appellants.

Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains (Edward J. Guardaro, Jr., of counsel), for respondents.

Michaels & Smolak, P.C., Auburn (Michael G. Bersani of counsel), for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

The parties before us entered into an out-of-court oral settlement. On this appeal we must determine whether their agreement satisfies the statutory requirement that settlements be made in open court or in a signed, complete writing (see CPLR 2104). We conclude that the agreement, although undisputed, was never sufficiently reduced to writing, and was therefore unenforceable. We therefore affirm the Appellate Division...

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