Majority
p. 563Claudio Iodice, Appellant, v Frank Iodice, Respondent.
Order, Supreme Court, Bronx County (Barry Salman, J.), entered November 9, 1990, which denied plaintiff’s motion to enforce a settlement agreement, unanimously affirmed, with costs.
The IAS court properly held that the letters exchanged between the parties’ attorneys do not evidence a definite, binding agreement settling the action. Particularly persuasive is the fact that the letter written by defendant’s counsel clearly stated that it constituted a proposal of settlement, and contemplated that there be further negotiation (see, Brause v Goldman, 10 AD2d 328 , affd 9 NY2d 620 ). Concur—Sullivan, J. P., Milonas, Kupferman, Ross and Smith, JJ.
Cases cited
- Brause v. Goldman 10 AD2d 328 p. 563
- Brause v. Goldman 9 NY2d 620 p. 563