31 Cited authorities

Hallock v. State of New York
64 N.Y.2d 224 (N.Y. 1984) Cited 1,506 times
Holding that "[e]ssential to the creation of apparent authority are words or conduct of the principal, communicated to a third party, that give rise to the appearance and belief that the agent possesses authority to enter into a transaction...[t]he agent cannot by his own acts imbue himself with apparent authority."
Kowalchuk v. Stroup
61 A.D.3d 118 (N.Y. App. Div. 2009) Cited 234 times
Holding that a contract was formed where one party sent an offer via email
Mangini v. McClurg
24 N.Y.2d 556 (N.Y. 1969) Cited 397 times
Holding that if “there was a conscious and deliberate intention to discharge liability from all consequences of an accident, the release will be sustained and bar any future claims of previously unknown injuries”
Matter of Frutiger
29 N.Y.2d 143 (N.Y. 1971) Cited 368 times
Approving vacatur where a party "inadvertently, unadvisably or improvidently" entered into the settlement
Shklovskiy v. Khan
273 A.D.2d 371 (N.Y. App. Div. 2000) Cited 103 times
Submitted May 3, 2000. June 19, 2000. In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Held, J.), dated September 1, 1999, as granted the motion of the defendant Latiff Khan to dismiss the first and fourth causes of action, and the defendant Latiff Khan cross-appeals from so much of the same order as granted the plaintiffs' cross motion to dismiss his counterclaim. Lozner Mastropietro, Brooklyn, N.Y. (Melissa
Jordan Panel v. Turner Constr
45 A.D.3d 165 (N.Y. App. Div. 2007) Cited 77 times
Affirming dismissal of breach of contract claim, where undisputed evidence established that defendant advised plaintiff in writing that he would not be contractually bound until both parties had signed the contemplated written agreement, and citing “numerous cases ... uphold[ing] a party's right to attach the condition of a signed writing to its becoming contractually bound”
Scheck v. Francis
26 N.Y.2d 466 (N.Y. 1970) Cited 219 times
Holding that a cover letter "written for the sole purpose of forwarding the documents to the parties for signature" from which it was "impossible to infer . . . an intent . . . to bring a contract into being" is insufficient to satisfy the Statute of Frauds
Matter of Galasso
35 N.Y.2d 319 (N.Y. 1974) Cited 113 times
Refusing to enforce a settlement that, although proposed in open court, did not reflect a complete agreement as to all material terms
Town of Clarkstown v. M.R.O. Pump Tank
287 A.D.2d 497 (N.Y. App. Div. 2001) Cited 48 times
In Town of Clarkstown v. M.R.O. Pump Tank, Inc., 287 AD2d 497, 498 (2d Dept 2001), the Court noted that "overreaching" can be a "showing of good cause" to be relieved from a stipulation.
Willgerodt on Behalf of Maj. Peoples' v. Hohri
953 F. Supp. 557 (S.D.N.Y. 1997) Cited 55 times
Upholding oral settlement agreement reached on the record in open court during a settlement conference where "a complete transcript of the proceeding documents the oral settlement agreement"

Adwoa Gyabaah, Respondent,v.Rivlab Transportation Corp., Appellant, et al., Defendant, Jeffrey A. Aronsky, P.C. Nonparty-Respondent.

31 Cited authorities

Holding that a contract was formed where one party sent an offer via email

Holding that if “there was a conscious and deliberate intention to discharge liability from all consequences of an accident, the release will be sustained and bar any future claims of previously unknown injuries”

Approving vacatur where a party "inadvertently, unadvisably or improvidently" entered into the settlement

Holding that a cover letter "written for the sole purpose of forwarding the documents to the parties for signature" from which it was "impossible to infer . . . an intent . . . to bring a contract into being" is insufficient to satisfy the Statute of Frauds

Refusing to enforce a settlement that, although proposed in open court, did not reflect a complete agreement as to all material terms

In Town of Clarkstown v. M.R.O. Pump Tank, Inc., 287 AD2d 497, 498 (2d Dept 2001), the Court noted that "overreaching" can be a "showing of good cause" to be relieved from a stipulation.

Upholding oral settlement agreement reached on the record in open court during a settlement conference where "a complete transcript of the proceeding documents the oral settlement agreement"