FRIEDMAN v. GAREY (2004)

Supreme Court, Appellate Division, First Department, New York.

David S. FRIEDMAN, Plaintiff-Respondent, v. Lisa R. GAREY, Defendant-Appellant.

Decided: June 17, 2004

BUCKLEY, P.J., NARDELLI, ANDRIAS, WILLIAMS, GONZALEZ, JJ.

Cohen Lans, LLP, New York (Mara T. Thorpe of counsel), for appellant. Judd Burstein, New York, for respondent.

Order, Supreme Court, New York County (Laura Visitacion-Lewis, J.), entered February 9, 2004, which granted plaintiff's motion to enforce the stipulated agreement settling this divorce action, unanimously affirmed, without costs.

The written settlement agreement, although unsigned by defendant, was stipulated to by counsel in open court and was thus binding on the parties (CPLR 2104; Hallock v. State of New York, 64 N.Y.2d 224, 485 N.Y.S.2d 510, 474 N.E.2d 1178; Rubenfeld v. Rubenfeld, 279 A.D.2d 153, 720 N.Y.S.2d 29). Moreover, defendant implicitly ratified the settlement by accepting substantial sums under its terms, and with respect to her reversal of course on the confidentiality provision now at issue, by failing to make formal objection during the months in which various other provisions were being negotiated (Clark v. Bristol-Myers Squibb & Co., 306 A.D.2d 82, 85, 761 N.Y.S.2d 640).

We have considered defendant's remaining contentions and find them unavailing.

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