I recently won a civil suit in New York City where I was allowed to keep a piece of property. The plaintiff then offered a settlement amount to get the property back. I agreed verbally. The judge was informed of this settlement. I have not been paid anything yet. Can I back out of this agreement?
It depends, on whether it was formally agreed to in front o fthe judge, or whether he was just advised a settlement was taking place, and whether you signed anything, and whether they breached their share of the deal.
If it was put on the record in front of the judge, probably not.
We can be reached at 507.334.0155. Our web address is: www. corbin-law-office.com This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.
It depends on the formality o the agreement. There also may have been a time limitation for the other party to execute. You should discuss this with a civil attorney. Good luck.
I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: [email protected] This answer is only for informational purposes and is not meant as legal advice.
If you already won the lawsuit then what you are describing is not a settlement. You get to keep the property and the case is over. What you are describing is an offer and verbal acceptance that occurred after the lawsuit was over. On that issue, a transfer of real estate must be in writing pursuant to New York law. If you have not put anything in writing, then it does not sound like there is a legally binding transfer of property, and an agreement to agree in the future (to put the transfer in writing for example) may not be binding. Having said that, you should consult with an attorney so that he or she could properly advise you of your rights and obligations after learning all of the relevant facts. Good luck.
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