Contracts · MBE-tested
Veronica High, Respondent, v. Reuters America, Inc., et al., Appellants
19 A.D.3d 284796 N.Y.S.2d 919·New York Supreme Court, Appellate Division·2005·NY
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Opinion
Veronica High, Respondent, v Reuters America, Inc., et al., Appellants.
[796 NYS2d 919]
[MAJORITY]
Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered August 17, 2004, which, to the extent appealed from, denied enforcement of a so-ordered stipulation of settlement, unanimously affirmed, without costs.
As correctly found by the IAS court, the stipulation reached in open court on December 4, 2003 did not create a binding contract, inasmuch as it was expressly contingent upon the parties entering into a mutually agreeable settlement in writing, which did not occur (see Matter of Meister, 43 AD2d 41 [1973], appeals dismissed 34 NY2d 698 [1974]). Concur—Mazzarelli, J.P., Friedman, Nardelli and Williams, JJ.