New York Court of Appeals October 16, 1979 (Malvin v. Schwartz)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Since the parties had not executed an express stipulation of discontinuance of the action, or entered judgment in accordance with their settlement agreement, the action had not terminated. Thus, the settlement was amenable to enforcement by motion

(Teitelbaum Holdings v Gold,

48 NY2d 51).