MATTER OF CRECCA v. NAROFSKY


41 A.D.3d 216 (2007)

837 N.Y.S.2d 649

In the Matter of ALBERT B. CRECCA, Respondent, v. STUART NAROFSKY et al., Appellants.

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

Decided June 14, 2007.


Contrary to respondents' contention, petitioner was not required to commence a plenary action to enforce the settlement. It is undisputed that although the settlement contemplated the parties would execute a stipulation of discontinuance, they never did so, nor did they enter into a judgment terminating the action. The settlement itself contains no provision unequivocally terminating the action. "Absent such termination, the court retains its supervisory power over the action...

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