MARINE MIDLAND BANK v. RAMLEH ENTERPRISES

Ordered that the order is affirmed insofar as appealed from, with costs.

This foreclosure action arises from the appellants' default on a real estate acquisition and development loan given by the plaintiff. During a pre-trial settlement conference before the court, this action was purportedly settled for $2,600,000, with the appellants agreeing to pay the plaintiff within 90 days from execution of a written stipulation. However, there was no record made of the purported settlement. After the settlement conference, the appellants failed to respond to a motion to dismiss their affirmative defenses and counterclaims, and the court granted that relief.

Contrary to the appellants' contention, there is insufficient evidence that a final settlement agreement was ever reached in open court (see, CPLR 2104; Matter of Dolgin Eldert Corp., 31 N.Y.2d 1). At the very least, an oral agreement made in open court "must be entered in the minute book of such a proceeding" (Kalomiris v. County of Nassau, 121 A.D.2d 367, 368). Here, there is a dispute that full agreement had been reached and no entry reflecting a settlement was made in the minute book; therefore, it was proper for the Supreme Court to deny the appellants' cross motion for enforcement (see, Matter of Dolgin Eldert Corp., 31 N.Y.2d 1, 10-11, supra; see also, Zambrana v. Memnon, 181 A.D.2d 730).

There is no merit to the appellants' remaining contentions. Sullivan, J.P., Joy, Friedmann and Goldstein, JJ., concur.