Tuesday, January 30, 2007

When stipulating to a settlement, is "You've got mail" enough?

No, according to the Second Department in DeVita v. Macy's E., Inc., decided on January 23, 2007. "The plain language of CPLR 2104 requires that such an agreement be in writing and signed by the parties (or attorneys of the parties) to be bound by it," and here it was determined that "a confirmatory e-mail sent to the plaintiffs' former attorney by counsel to the insurer of one of the defendants, either alone or in conjunction with an e-mail sent by the plaintiffs' former counsel in response, did not constitute a writing sufficient to bring the purported settlement into the scope of CPLR 2104."