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Senior Counsel Dennis C. Valet Wins Appeal in First Department

Posted: October 30, 2023

Senior Counsel Dennis C. Valet prevailed before the Appellate Division, First Department, affirming the trial court’s decision to enforce a settlement agreement. In the underlying personal injury action, venued in Bronx County, the parties settled all claims through mediation. Because the mediation was virtual, however, the post-mediation memo prepared by the mediator was never executed by the parties or their attorneys. Despite a post-mediation email from the appellant’s counsel confirming the settlement of all claims, the appellant later attempted to revoke the settlement by claiming the parties never executed a written agreement. On appeal, Dennis successfully argued that the totality of the circumstances satisfied the requirements of CPLR 2104 and, therefore, the parties had entered into a binding and enforceable settlement agreement.