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Stipulation of Settlement Not Enforceable/All Material Terms Not Included

The Second Department determined the purported stipulation of settlement did not meet the standards set forth in CPLR 2104:

Absent the formalities required by statute, a stipulation of settlement is not enforceable (see CPLR 2104…). Pursuant to CPLR 2104, “[a]n agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party unless it is in a writing subscribed by him or his attorney or reduced to the form of an order and entered.” The stipulation must be “definite and complete” … , and all material terms must be included … .

In this case, the alleged written stipulation of settlement …, entitled “Agreement in Principle,” was not signed by all the parties to the litigation, and the agreement did not state that the two signatories to the agreement intended to bind all the parties to the agreement’s terms. Further, as a material term of the agreement at issue was contingent upon the parties’ executing a formal agreement, the agreement constituted a mere agreement to agree, which is unenforceable … . De Well Container Shipping Corp. v Mingwei Guo, 2015 NY Slip Op 02090, 2nd Dept 3-18-15

 

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