FORCELLI v. GELCO CORP.

2011-07796, 2011-07976, Index No. 27584/08.

109 A.D.3d 244 (2013)

972 N.Y.S.2d 570

2013 NY Slip Op 5437

JOHN T. FORCELLI et al., Respondents, v. GELCO CORPORATION et al., Appellants, et al., Defendants.

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

Decided July 24, 2013.


Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York City ( Patrick J. Lawless and Richard E. Lerner of counsel), for appellants.

Grant & Longworth, LLP, Dobbs Ferry ( Jonathan Rice of counsel), for respondents.

MASTRO, J.P., BALKIN and COHEN, JJ., concur.


OPINION OF THE COURT

SGROI, J.

On these appeals we address the question of whether an email message can satisfy the criteria of CPLR 2104 so as to constitute a binding and enforceable stipulation of settlement. Under the circumstances of this case, we conclude that the subject email settlement agreement was enforceable.

On the morning of November 16, 2008, in Westchester County, there was a three-car accident involving the defendant Mitchell G. Maller...

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