Practice point: A settlement agreement terminates the action only if there is an express stipulation of discontinuance, or an entry of judgment in accordance with the settlement terms.
Students should note that, otherwise, the court retains supervisory power, and may act on behalf of the party who is moving to enforce the settlement.
Case: Church Extension Plan v. Harvest Assembly of God, NY Slip Op 09207 (2d Dept. 2010)
Here is the decision.
Tomorrow's issue: Motion practice.
