Defendants.

Appeal by defendants Said Nasser and Josue Martinez from an order of the Civil Court, Queens County (K. Kerrigan, J.), entered January 15, 2003, which denied their motion to set aside a stipulation of settlement.

Order unanimously affirmed without costs.

In this action to recover damages for personal injuries, defendants-appellants Nasser and Martinez entered into a purported settlement agreement with the plaintiffs prior to trial which is evidenced by an entry appearing in the minute book of the clerk of the court. This memorialization of the settlement satisfies the open court requirement of CPLR 2104 (see Popovic v New York City Health & Hosps. Corp., 180 AD2d 493 [1992]; Deal v Meenan Oil Co., 153 AD2d 665 [1989]; Salmi v Aetna Cas. & Sur. Co., 134 AD2d 765 [1987]).

However, there appears to be a dispute as to the amount of the settlement. Defendants contend that they settled the matter for a total of $7,500 to be divided among the plaintiffs, while plaintiffs argue that the settlement amount was for a total of $22,500 and that each of them would receive $7,500. Defendants' attorney argues that he was out of earshot when plaintiffs' attorney reported the settlement agreement to the court and he never asked that the reported settlement be repeated. We are of the opinion that defendants failed to establish any basis for setting aside the stipulation of settlement (see Matter of Fruti ger, 29 NY2d 143 [1971]; Cabbad v Melendez, 81 AD2d 626 [1981]) and therefore, the lower court properly denied defendants' motion.
Decision Date: December 17, 2003