ANA VELAZQUEZ v. ST. BARNABAS HOSP

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Docket Number

No. 214 SSM 40.

Advocates

Abdul K. Hassan, Queens Village, for appellant. Garbarini Scher, P.C., New York City ( William D. Buckley of counsel), for respondent.

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Smart Summary

Factual and Procedural Background

The appellant, Ana Velazquez, appealed by permission from an order of the Appellate Division of the Supreme Court in the First Judicial Department. The underlying dispute arose from a settlement agreement between the parties to resolve an action. The Supreme Court, Bronx County, had granted the defendant's motion to enforce the parties' settlement and confidentiality agreement pursuant to CPLR 2104, while denying the plaintiff's cross motion to enforce the agreement without the confidentiality provisions. The Appellate Division affirmed that order. The Court of Appeals reviewed the matter on appeal.

Legal Issues Presented

Whether the parties’ settlement agreement, including the confidentiality provisions, was binding and enforceable despite not being memorialized in a recorded or filed document.
Whether the defendant’s motion to enforce the settlement agreement should be granted under CPLR 2104.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Matter of Dolgin Eldert Corp., 31 NY2d 1, 9-11	Requirements for enforceability of settlement agreements under CPLR 2104	Used to establish that an unrecorded and unfiled settlement agreement not made in open court is not binding on the parties.
Andre-Long v Verizon Corp., 31 AD3d 353, 354 (2d Dept 2006)	Enforcement of settlement agreements and confidentiality provisions	Supported the conclusion that where settlement terms, including confidentiality, are not memorialized or filed, the agreement is not binding.

Court's Reasoning and Analysis

The Court acknowledged that the parties agreed to settle the action for a specific amount but emphasized that key details, including the confidentiality agreement, were never recorded or memorialized. Because no agreement was made in open court or filed with the county clerk, it failed to meet the formal requirements of CPLR 2104. The Court relied on established precedent to conclude that such an informal agreement is not binding. Consequently, the Court modified the Appellate Division’s order by denying the defendant’s motion to enforce the settlement agreement and remitted the case for further proceedings.

Holding and Implications

The Court modified the Appellate Division’s order by denying the defendant's motion to enforce the settlement agreement and remitted the case to the Supreme Court for further proceedings.

This decision directly affects the parties by preventing enforcement of an unrecorded and unfiled settlement agreement, including confidentiality provisions. The Court did not establish new precedent but reaffirmed the necessity of compliance with CPLR 2104 formalities for enforceability of settlement agreements.

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ANA VELAZQUEZ, Appellant, v. ST. BARNABAS HOSPITAL, Respondent.

OPINION OF THE COURT

The order of the Appellate Division should be modified, without costs, by denying defendant's motion to enforce the settlement agreement and remitting the case to Supreme Court for further proceedings and, as so modified, affirmed.

The parties do not dispute that they agreed to settle the action for a specific amount; however, details regarding conditions of the settlement, including a disputed confidentiality agreement, were never recorded or memorialized. No agreement was made in open court or filed with the county clerk. Accordingly, it is not binding upon the parties ( see CPLR 2104; Matter of Dolgin Eldert Corp., 31 NY2d 1, 9-11; Andre-Long v Verizon Corp., 31 AD3d 353, 354 [2d Dept 2006]).

In memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order modified, etc.