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GYABAAH v. RIVLAB TRANSP. CORP.

No. 257 SSM 32

22 N.Y.3d 1018 (2013)

4 N.E.3d 359

981 N.Y.S.2d 349

2013 NY Slip Op 8375

ADWOA GYABAAH, Respondent, v. RIVLAB TRANSPORTATION CORP., Appellant, et al., Defendant. JEFFREY A. ARONSKY, P.C., Nonparty Respondent.

Court of Appeals of New York.

Decided December 17, 2013.

Attorney(s) appearing for the Case

Law Offices of Kral Clerkin Redmond Ryan Perry & Van Etten, LLP, Melville ( Elizabeth Gelfand Kastner of counsel), for appellant.

Law Offices of Kenneth A. Wilhelm, New York City ( Barry Liebman and Susan R. Nudelman of counsel), for respondent.

Pollack, Pollack, Isaac & De Cicco, New York City ( Brian J. Isaac of counsel), for nonparty respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

This action was not settled because the general release and the hold harmless agreement were never delivered to defendant, nor was the acceptance of the settlement offer otherwise communicated to defendant or its carrier (see White v Corlies, 46 N.Y. 467, 469 [1871]).

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