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e-Mail Signature Ruled Valid To Enforce Settlement

BY Joel Stashenko
September 02, 2013

Signing an e-mail attesting to the substance of a negotiated agreement with the typed name of the sender constitutes a binding and enforceable stipulation of the settlement under CPLR 2104, a New York state appeals panel ruled on July 26. See, Forcelli v. Gelco Corp.,' 27584/08, NYLJ 1202612381868, at *1 (App. Div., 2nd, Decided July 24, 2013).

An Appellate Division, Second Department, panel held unanimously that an agent for a vehicle insurer, by entering her name to the message summing up the terms of a settlement in an auto accident case, provided the “subscription” to the written statement required for an enforceable stipulation under CPLR 2104.

The statute says “an agreement between parties or their attorneys relating to any matter in an action ' is not binding upon a party unless it is in a writing subscribed by him or his attorney.” It adds that the agreement must be “signed” by the party or the attorney.

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