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Soanes v. Empire Blue Cross/Blue Shield

178 A.D.2d 189 Court N.Y. App. Div. Decision date 1991-12-10 English

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p. 189
Nemiah Soanes et al., Appellants, v Empire Blue Cross/Blue Shield, Respondent.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered July 10, 1991, which, inter alia, denied plaintiffs’ motion to direct defendant to comply with a stipulation, unanimously affirmed, with costs.

The trial court properly denied the motion. In interpreting a stipulation, a court’s task is to determine the intent and purpose of the parties’ agreement. (Kraker v Roll, 100 AD2d 424 , 436.) A fair reading of the stipulation, examined within the context of the record as a whole, indicates that by agreeing to keep the contracts "in full force and effect”, defendant did not undertake to pay disputed claims. Concur—Carro, J. P., Rosenberger, Wallach, Ross and Asch, JJ.

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