From Casetext: Smarter Legal Research

Cook v. Bianco

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1929
226 App. Div. 691 (N.Y. App. Div. 1929)

Opinion

March, 1929.


Order modified by granting plaintiff's motion to restore the case to the calendar for trial, and as so modified affirmed. The agreement, dated May 5, 1927, makes no mention of the settlement or discontinuance of the action. Any oral agreement to settle the action is not binding unless made between counsel in open court (Rules Civ. Prac. rule 4), and the record before us is not sufficient to show that this was done. This decision is without prejudice to defendant, if so advised, to move to amend his answer by alleging, as a defense, the agreement of settlement claimed. Lazansky, P.J., Rich, Young, Kapper and Seeger, JJ., concur.


Summaries of

Cook v. Bianco

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1929
226 App. Div. 691 (N.Y. App. Div. 1929)
Case details for

Cook v. Bianco

Case Details

Full title:ALEXANDER COOK, Appellant, v. PASQUALE BIANCO, Respondent

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

Date published: Mar 1, 1929

Citations

226 App. Div. 691 (N.Y. App. Div. 1929)

Citing Cases

Matter of Dolgin Eldert Corp.

The Israel group concedes that CPLR 2104 is applicable, but that the agreement in chambers is analogous to…