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You are here: Home1 / Contract Law2 / EMAIL FROM ATTORNEY CONSTITUTED A BINDING SETTLEMENT AGREEMENT, SUPREME...
Contract Law

EMAIL FROM ATTORNEY CONSTITUTED A BINDING SETTLEMENT AGREEMENT, SUPREME COURT REVERSED 1ST DEPT.

The First Department, reversing Supreme Court, determined an email from an attorney constituted a binding settlement agreement:

The email communications between plaintiffs’ counsel and defendants’ counsel sufficiently set forth an enforceable agreement to settle plaintiffs’ personal injury claims, including that of plaintiff Morales … . Plaintiffs’ counsel, who had authority to bind Morales, accepted defendants’ offer … . Furthermore, counsel typed his name at the end of the email accepting defendants’ offer, which satisfied CPLR 2104’s requirement that settlement agreements be in a “writing subscribed by him or his attorney” in order to be enforceable … , thus creating a binding settlement agreement. Jimenez v Yanne, 2017 NY Slip Op 05677, 1st Dept 7-13-17

CONTRACT LAW (SETTLEMENT AGREEMENT, EMAIL FROM ATTORNEY CONSTITUTED A BINDING SETTLEMENT AGREEMENT, SUPREME COURT REVERSED 1ST DEPT)/ATTORNEYS (SETTLEMENT AGREEMENT, EMAIL FROM ATTORNEY CONSTITUTED A BINDING SETTLEMENT AGREEMENT, SUPREME COURT REVERSED 1ST DEPT)/EMAILS (ATTORNEYS, SETTLEMENT AGREEMENT, EMAIL FROM ATTORNEY CONSTITUTED A BINDING SETTLEMENT AGREEMENT, SUPREME COURT REVERSED 1ST DEPT)/ATTORNEY (SETTLEMENT AGREEMENT, EMAIL FROM ATTORNEY CONSTITUTED A BINDING SETTLEMENT AGREEMENT, SUPREME COURT REVERSED 1ST DEPT)/SETTLEMENT AGREEMENT (ATTORNEYS, EMAILS,  EMAIL FROM ATTORNEY CONSTITUTED A BINDING SETTLEMENT AGREEMENT, SUPREME COURT REVERSED 1ST DEPT)

July 13, 2017
Tags: First Department
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EVIDENCE THAT DEFENDANT SEX OFFENDER SUFFERS FROM UNSPECIFIED PARAPHILIC DISORDER (USPD) MAY BE ADMISSIBLE IN AN ARTICLE 10 TRIAL, THE EVIDENCE WAS EXCLUDED BELOW, VERDICT VACATED AND PETITION REINSTATED (FIRST DEPT).
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SHIELD LAW PROTECTS RESPONDENT FROM PRE-ACTION DISCLOSURE OF THE IDENTITIES... COUNTY COURT DID NOT ENSURE DEFENDANT WAS AWARE OF THE RIGHTS HE WAS GIVING...
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