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TOCKER v. CITY OF NEW YORK

22 A.D.3d 311 (2005)

802 N.Y.S.2d 147

BARBARA TOCKER et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

October 13, 2005.

Indisputably, plaintiffs' acceptance of the settlement offer was communicated by their counsel to defendants' counsel in a telephone call. Accordingly, the agreement to settle the action was not "one made between counsel in open court" (CPLR 2104), and thus is not enforceable (Matter of Dolgin Eldert Corp., 31 N.Y.2d 1, 4-5, 8-11 [1972]). The requirement that a settlement agreement be made in "open court" does more than advance the...

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