Partners Peter J. Fazio, Robert J. Chappell, and Associate Patrick A. Dougherty obtained an Order to Enforce a Settlement Agreement in a Kings County premises liability action.

Aaronson Rappaport partners Peter J. Fazio, Robert J. Chappell, as well as associate Patrick A. Dougherty, obtained an Order enforcing a settlement agreement between the parties on behalf of a massive national retail chain specializing in home improvement and construction products. 

 The case involved a plaintiff who agreed to a settlement in writing following prelitigation mediation.  Thereafter, the plaintiff refused to execute the Settlement Agreement and Release, claiming that there was a mutual mistake as to his course of treatment.  Thereafter, plaintiff commenced a lawsuit and served a new settlement demand nine times higher than the prelitigation settlement amount.

 With citation to New York Court of Appeals caselaw, Peter, Robert, and Patrick established that the extent of the plaintiff’s injuries were known at the time of the prelitigation settlement and that any mistake was merely as to the consequence, future course, or sequelae of a known injury.

 In granting the Motion to Enforce the Settlement Agreement in its entirety, the Court found that the settlement was consummated in writing between counsel as a direct result of mediation and that counsel had apparent authority to bind their clients.  The Court found that there was no mutual mistake at the time of the agreement’s formation as the plaintiff’s injuries were known during the mediation.

Congratulations on this excellent result.