FLORES v. 731 SOUTHERN BOULEVARD LLC

4594, 307380/12.

154 A.D.3d 518 (2017)

2017 NY Slip Op 07213

63 N.Y.S.3d 319

REINA FLORES, Respondent-Appellant, v. 731 SOUTHERN BOULEVARD LLC, Defendant, and NEW HOPE FUND, Appellant-Respondent.

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

Decided October 17, 2017.


During jury deliberations, plaintiff's and New Hope's counsel entered into a written "high-low" agreement to settle the matter "in the respective amounts of" $200,000 to $1 million. The parties further agreed to waive post trial motions and stated that "[i]n the event of a defense verdict or assessment of liability of up to 80% against the plaintiff, plaintiff shall receive [the] low of $200,000. Otherwise, % liability assessed against each party shall be used to determine...

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