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MALDONADO v. NOVARTIS PHARMACEUTICALS CORPORATION

40 A.D.3d 940 (2007)

836 N.Y.S.2d 663

FRANK MALDONADO, Respondent, v. NOVARTIS PHARMACEUTICALS CORPORATION, Defendant and Third-Party Plaintiff-Appellant. AMERICAN BUILDING MAINTENANCE CO. OF NEW YORK, Third-Party Defendant-Appellant.

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

Decided May 22, 2007.

Ordered that the order is affirmed, with costs.

Contrary to the appellants' contentions, the alleged oral stipulation negotiated by the parties in the presence of a court-appointed mediator did not constitute an enforceable agreement under CPLR 2104, since the terms of the purported settlement were not spread upon the record in open court (see Kleinberg v Ambassador Assoc., 64 N.Y.2d 733 [1984]; Matter of Dolgin Eldert...

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