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DEVITA v. MACY'S EAST, INC.

36 A.D.3d 751 (2007)

828 N.Y.S.2d 531

VINCENT DEVITA et al., Respondents, v. MACY'S EAST, INC., et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. KNOLLER COMPANIES, INC., et al., Third-Party Defendants-Respondents-Appellants. (Action No. 1.) VINCENT DEVITA et al., Respondents, v. KNOLLER COMPANIES, INC., et al., Appellants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 23, 2007.

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

To be enforceable, stipulations of settlement must conform to the requirements of CPLR 2104 (see Matter of Dolgin Eldert Corp., 31 N.Y.2d 1, 8 [1972]; Graffeo v Brenes, 85 A.D.2d 656, 657 [1981]). The plain language of CPLR 2104 requires that such...

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