(Download) "Matter Dolgin Eldert Corporation Matter Kalmon Dolgin Realties v. Jordan H. Dolgin Et Al." by Court of Appeals of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: Matter Dolgin Eldert Corporation Matter Kalmon Dolgin Realties v. Jordan H. Dolgin Et Al.
• Author : Court of Appeals of New York
• Release Date : January 08, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

[31 N.Y.2d 1 Page 3] The issue is whether an unrecorded, unmemorialized, disputed oral agreement to settle an action and proceedings covering
a large number of valuable real properties is enforceable. Except for the fact that the agreement was purportedly made in
an informal conference before a court clerk and a Judge in a Judge's chambers, the issue could only be resolved one way, namely,
that the agreement was unenforceable. Respondents, in seeking to sustain the oral agreement, rely on CPLR 2104 which requires
stipulations to be in writing and subscribed. It excepts, however, stipulations made in "open court", which in modern times
are recorded by the court reporter. Respondents contend that the settlement comes within the exception.

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