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DAVID S. FRIEDMAN, Plaintiff-Respondent, v. LISA R. GAREY, Defendant-Appellant.

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; Rubenfeld v. Rubenfeld, 279 A.D.2d 153). 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).

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

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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FRIEDMAN v. GAREY
(Jun 17, 2004)