CUNHA v. SHAPIRO


42 A.D.3d 95 (2007)

837 N.Y.S.2d 160

FRANK CUNHA, Appellant, v. BLANCHE S. SHAPIRO, Individually and as Executrix of JESSE SHAPIRO, Deceased, et al., Respondents.

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

May 1, 2007.


Attorney(s) appearing for the Case

Ogen & Associates, P.C., New York City (Eitan Alexander Ogen of counsel), for appellant.

Irwen C. Abrams (Boeggeman, George, Hodges & Corde, P.C., White Plains [Cynthia Dolan] of counsel), for respondents.

PRUDENTI, P.J., KRAUSMAN and McCARTHY, JJ., concur.


OPINION OF THE COURT

DILLON, J.

We address two issues of first impression for this Court involving "high-low" agreements. The first issue is whether a high-low agreement, when triggered, is a voluntary settlement of an action or, alternatively, a mere stipulated modification of the jury's verdict. The second issue, if a high-low agreement constitutes a settlement, is whether the plaintiff must exchange a general release and stipulation of discontinuance...

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