Attorneys' Email Exchange Wasn't Binding Agreement

January 1, 2009

LVT Number: #20927

Tenant sued landlord, seeking repairs and correction of violations. Attorneys for landlord and tenant exchanged emails concerning a settlement. Tenant later asked the court to enforce a settlement agreement sent to landlord's attorney via email. The court ruled against tenant. Although the parties anticipated that the transmitted agreement would be executed, settlement negotiations broke down before the parties and their attorneys signed the agreement. The email exchanged didn't meet the requirements of Civil Practice Law and Rule Section 2104 for an enforceable agreement.

Tenant sued landlord, seeking repairs and correction of violations. Attorneys for landlord and tenant exchanged emails concerning a settlement. Tenant later asked the court to enforce a settlement agreement sent to landlord's attorney via email. The court ruled against tenant. Although the parties anticipated that the transmitted agreement would be executed, settlement negotiations broke down before the parties and their attorneys signed the agreement. The email exchanged didn't meet the requirements of Civil Practice Law and Rule Section 2104 for an enforceable agreement. The agreement wasn't made in court and was never signed. In addition, later emails on the same day showed that the attorneys didn't expect the agreement to be binding until signed. So there was no settlement agreement.

Ruffini v. 41 Fifth Owners Corp.: NYLJ, 12/15/08, p. 18, col. 3 (Civ. Ct. NY; Cohen, J)

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