ROBERTS v. STRACICK (2004)

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

Monique P. ROBERTS, Plaintiff-Appellant, v. Rose M. STRACICK, Defendant-Respondent.

Decided: December 30, 2004

PRESENT: PIGOTT, JR., P.J., GREEN, PINE, GORSKI, AND LAWTON, JJ.

Law Offices of Thomas H. Burton, Buffalo (Thomas H. Burton of Counsel), for Plaintiff-Appellant. Kenney, Shelton, Liptak & Nowak, L.L.P., Buffalo (Wendy A. Scott of Counsel), for Defendant-Respondent.

Supreme Court properly granted defendant's motion to dismiss pursuant to CPLR 3211(a)(5), determining, inter alia, that the action was settled pursuant to the terms and conditions set forth in two letters exchanged between the attorneys for the parties. Contrary to plaintiff's contention, the letters constitute a settlement agreement binding on the parties pursuant to CPLR 2104 (see generally Morrison v. Bethlehem Steel Corp., 75 A.D.2d 1001, 429 N.Y.S.2d 123). The letter of plaintiff's attorney dated June 19, 2003 constitutes a firm settlement offer open for 30 days and, by letter of her attorney dated July 18, 2003, defendant timely notified plaintiff of her acceptance of the settlement offer. Contrary to the contention of plaintiff, the letter of her attorney does not state that payment of the settlement amount within the 30 days is the only means by which to accept plaintiff's settlement offer.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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