New York Court of Appeals
In the Matter of Dolgin Eldest Corporation In the Matter of Kalmon Dolgin Realties, Inc. Israel M. Dolgin v. Jordan…
June 8, 197231 N.Y.2d 1
Summary
The Court held that an oral settlement agreement reached in a judge's chambers is unenforceable because CPLR 2104 requires a written, subscribed stipulation and the "open court" exception does not apply to chambers; the Statute of Frauds also bars enforcement of the real‑property settlement. The order of the Appellate Division was reversed, vacated, and the case remanded for further proceedings. Chief Judge Fuld, in a concurring opinion, agreed with the reversal on the ground that the parties remained at odds on the settlement terms.