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PHILADELPHIA INS. v. KENDALL

Index No. 657200/19. Appeal No. 13756. Case No. 2020-02752.

197 A.D.3d 75 (2021)

151 N.Y.S.3d 392

2021 NY Slip Op 04284

In the Matter of PHILADELPHIA INSURANCE INDEMNITY COMPANY, Appellant, v. ERIKA KENDALL, Respondent.

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

Decided July 8, 2021.

Attorney(s) appearing for the Case

White Werbel & Fino, LLP, New York City ( Matthew I. Toker and Shelly K. Werbel of counsel), for appellant.

Law Offices of Bryan Barenbaum, Brooklyn ( Huy [Tom] Le of counsel), for respondent.

ACOSTA, P.J., MANZANET-DANIELS and SCARPULLA, JJ., concur.

OPINION OF THE COURT

This appeal concerns the certitude of settlements effected via email. Supreme Court held that an apparent email settlement of respondent's underinsured motorist arbitration claim was invalid for two reasons. First, the court found that it was unclear whether respondent's attorney retyped his name on his...

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