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KOWALCHUK v. STROUP

61 A.D.3d 118 (2009)

873 N.Y.S.2d 43

PETER KOWALCHUK et al., Respondents, v. MATTHEW STROUP, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 10, 2009.

Attorney(s) appearing for the Case

Burkhart Wexler & Hirschberg, LLP, Garden City (Norman B. Arnoff of counsel), for appellant.

McCormick & O'Brien, LLP, New York City (Liam O'Brien of counsel), for respondents.

Concur — ANDRIAS, J.P., GONZALEZ, CATTERSON and ACOSTA, JJ.

OPINION OF THE COURT

SAXE, J.

This appeal, concerning a dispute regarding the time at which a negotiated settlement becomes an enforceable contract, requires consideration of some of the most fundamental aspects of the law of contracts: offers, acceptance, and consideration.

Facts

Plaintiff Evelyn Kowalchuk, an 88-year-old widow, and her son, plaintiff Peter Kowalchuk, had invested in brokerage accounts managed by defendant Matthew Stroup...

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