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Velazquez v. St. Barnabas Hospital

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 4, 2008

ANA VELAZQUEZ, PLAINTIFF-APPELLANT,
v.
ST. BARNABAS HOSPITAL, DEFENDANT-RESPONDENT.

Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered August 10, 2007, which, in an action alleging unlawful disclosure of medical information, granted defendant's motion pursuant to CPLR 2104 to enforce the parties' settlement and confidentiality agreement, and denied plaintiff's cross motion to, inter alia, enforce the agreement without the confidentiality provisions, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Friedman, Gonzalez, Buckley, Sweeny, JJ.

16282/03

The requirements of CPLR 2104 were met when, following a conference and the acceptance of the settlement by plaintiff's counsel, the court marked the case settled (see Hawkins v City of New York, 40 AD3d 327 [2007]; Popovic v New York City Health & Hosps. Corp., 180 AD2d 493 [1992]). There is no dispute as to the settlement amount agreed to by the parties, and the record, including the affirmation of plaintiff's counsel, confirms that it was contemplated that the settlement agreement would include a confidentiality agreement, which plaintiff's counsel later deemed inappropriate in hindsight (see Heimuller v Amoco Oil Co., 92 AD2d 882, 884 [1983]). Furthermore, despite plaintiff's claims to the contrary, we find no other basis upon which to invalidate the agreement (see generally Hallock v State of New York, 64 NY2d 224, 230 [1984]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081204

© 1992-2008 VersusLaw Inc.



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