Practice point: Emails exchanged between counsel, which contained their printed names at the end, constitute signed writings, pursuant to CPLR 2104, within the meaning of the statute of frauds, and will entitle plaintiff to a judgment based on the settlement agreement, pursuant to CPLR 5003-a(e).
Practitioners should note that defendant’s subsequent refusal to execute form releases and a stipulation of discontinuance does not invalidate the settlement agreement.
Case: Williamson v. Delsener, NY Slip 01333 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Discovery.
