Marjorie Guice v PPC Residential, LLC, et al, 212 AD3d 577 [1st Dept 2023]
Jan 31, 2023OUTCOME: Affirmed.
Plaintiff appealed from a Decision and Order upholding a settlement governed by basic terms confirmed her attorney's e-mail message. On Appeal, the Appellate Division affirmed the ruling below, holdin ... g that a binding settlement agreement existed between plaintiff and defendants when plaintiff's counsel responded, "Confirmed. Thank you" to the insurance carrier's e-mail stating: "This email is to confirm we are settled at $85,000." Further, under the facts presented, the Court held that the plaintiff's failure to sign the release documents amounted to no more than a ministerial condition precedent to payment. Finally, the Court saw no reason to set aside the settlement for fraud, collusion, mistake or accident, as Plaintiff's mistake--if any-- lay in the "consequence, future course, or sequelae of a known injury" for which she initially refused treatment.
