MALDONADO v. American Building Maintenance Co. of New York, third-party defendant-appellant. (2007)

In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals, and the third-party defendant separately appeals, from an order of the Supreme Court, Rockland County (Garvey, J.), dated June 13, 2006, which denied their joint motion to enforce an alleged stipulation of settlement between them and the plaintiff.

ORDERED that the order is affirmed, with costs.

 Contrary to the appellants' contentions, the alleged oral stipulation negotiated by the parties in the presence of a court-appointed mediator did not constitute an enforceable agreement under CPLR 2104, since the terms of the purported settlement were not spread upon the record in open court (see Kleinberg v. Ambassador Assocs., 64 N.Y.2d 733, 485 N.Y.S.2d 748, 475 N.E.2d 119;  Matter of Dolgin Eldert Corp., 31 N.Y.2d 1, 334 N.Y.S.2d 833, 286 N.E.2d 228;  DeVita v. Macy's East, 36 A.D.3d 751, 828 N.Y.S.2d 531;  Margolis v. New York City Trans. Auth., 233 A.D.2d 483, 650 N.Y.S.2d 30).   Moreover, the preparation and filing of an unsigned “Disposition Form,” which recited only that the matter had been settled for the sum of $250,000 and set forth no additional terms of the purported agreement, did not constitute a sufficient memorialization of the terms of the alleged settlement to satisfy the open court requirement of the statute (see Andre-Long v. Verizon Corp., 31 A.D.3d 353, 819 N.Y.S.2d 56;  Falcone v. Khurana, 294 A.D.2d 535, 742 N.Y.S.2d 871;  Gustaf v. Fink, 285 A.D.2d 625, 728 N.Y.S.2d 751;  Avaltroni v. Gancer, 260 A.D.2d 590, 688 N.Y.S.2d 650;  Johnson v. Four G's Truck Rental, 244 A.D.2d 319, 663 N.Y.S.2d 889;  Phillips v. Pamper Decorating Service, 228 A.D.2d 425, 643 N.Y.S.2d 666;  Zambrana v. Memnon, 181 A.D.2d 730, 581 N.Y.S.2d 83).   Accordingly, the Supreme Court properly denied the motion to enforce the purported stipulation of settlement.