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Settlement Agreement Enforced!

Lalli v. Hudson River Park Trust; New York County Supreme Court.  After plaintiff’s deposition, counsel for plaintiff and I engaged in settlement negotiations by email.  We reached agreement on a settlement, and we sent the necessary Release to be signed.  Before plaintiff signed the release, he changed his mind about the settlement and refused to sign.  I moved to enforce the settlement, arguing that under current First Department law, an agreement between counsel that is clear about the terms of the settlement and that it had been accepted, as long as it was signed or subscribed by both parties in electronic form constitutes an enforceable settlement.  The Court granted the motion, and plaintiff will now have to accept the settlement and discontinue the suit.

For more details, please reach out to Richard Berne.

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