Opinion
November 19, 1987
Appeal from the Supreme Court, Ulster County (Connor, J.).
This action, in which plaintiff seeks to recover first-party benefits under the Insurance Law, was stricken from the Trial Calendar after the parties' attorneys agreed to a settlement at a pretrial conference on March 26, 1986. After the terms of the settlement were conveyed to plaintiff, she objected on the ground that there were numerous outstanding medical bills and expenses that she had not previously brought to the attention of her attorney. Plaintiff's counsel advised defendant that the settlement amount was erroneous and that the action could not be settled for that sum. Thereafter, plaintiff moved to restore the action to the Trial Calendar and Supreme Court reluctantly granted the motion, concluding that since the settlement was neither reduced to writing and signed by plaintiff nor entered in open court, plaintiff was not bound by its terms.
Supreme Court's order must be affirmed. Absent compliance with the requirements of CPLR 2104, oral stipulations are not enforceable, particularly where, as here, there has been no showing of detrimental reliance (Van Syckle v. Powers, 106 A.D.2d 711, lv denied 64 N.Y.2d 609; Henderson v. Weston's Inc., 102 A.D.2d 997, appeal dismissed 63 N.Y.2d 952; see also, Kleinberg v Ambassador Assocs., 64 N.Y.2d 733; Kalomiris v. County of Nassau, 121 A.D.2d 367; Collazo v. New York City Health Hosps. Corp., 103 A.D.2d 789).
Order affirmed, without costs. Mahoney, P.J., Kane, Casey, Weiss and Harvey, JJ., concur.