Under CPLR 2104, a settlement agreement reached in the course of a civil action may be enforceable if it meets certain requirements.
To be enforceable, the settlement agreement must be in writing, signed by the parties or their attorneys, and acknowledged or proved in the same manner as a deed. This means that the agreement must be signed by all parties or their attorneys, and that the signatures must be notarized or otherwise acknowledged.
Once the settlement agreement is in writing and properly executed, it can be enforced by a court as a contract between the parties. This means that if one party breaches the settlement agreement, the other party can seek to enforce the terms of the agreement through a lawsuit for breach of contract.
It’s worth noting that, in some cases, the court may require additional evidence to demonstrate that the settlement agreement was made freely and voluntarily, and that the terms of the agreement are fair and reasonable. This may be especially true in cases where there is a significant power imbalance between the parties, such as in cases involving employment discrimination or harassment.
In summary, under CPLR 2104, a settlement agreement in a civil action must be in writing, signed by the parties or their attorneys, and acknowledged or proved in the same manner as a deed in order to be enforceable. Once properly executed, the settlement agreement can be enforced as a contract between the parties.
