N.Y. Appellate Court Says Agreements by Telephone Aren't Binding

NEW YORK - A plaintiff's telephoned acquiescence to a settlement agreement that was extensively negotiated by counsel and known to the court is not binding, a New York appellate court held in a recent slip-and-fall case. Tocker v. The City of New York, et al., No. 101897/98 (N.Y. Sup., App. Div., 1st Dept.).

In a brief opinion, the Appellate Division, 1st Department, reversed a New York County Supreme Court order to enforce a $65,000 agreement between Barbara Tocker and the City of New York.

Tocker claims in her suit against the city and the Board of Education of the City …