DocketNumber: No. CV 93 0135013
Citation Numbers: 1995 Conn. Super. Ct. 14118
Judges: LEWIS, JUDGE.
Filed Date: 12/19/1995
Status: Non-Precedential
Modified Date: 7/5/2016
The motion to enforce a settlement agreement is based on the seminal case in this area, Audubon Associates. Ltd. Partnershipv. Barclay Stubbs, Inc.,
The situation in Audubon differs from what occurred in this case. The defendants did not sign or see any settlement papers, nor did they announce in open court their agreement to the terms of a settlement. Furthermore, the defendant Hryb, on behalf of himself and Darien Capital, disputes whether he even authorized their attorney to enter into a settlement agreement.
A hearing was held with regard to the plaintiff's motion to enforce the purported settlement agreement and the following facts are found. The case was to be tried on July 31, 1995, before an attorney trial referee. About a week before the trial date, the attorneys for both parties engaged in discussions concerning a possible settlement of the plaintiff's claim for $36,000. Counsel for the defendants, Attorney John V. A. Murray, testified that his clients authorized him to settle for that amount and that he communicated this agreement to counsel for the plaintiff on July 24, 1995. Attorney Murray testified that he thereafter prepared and forwarded to the plaintiff's attorney a general release, a release of attachment and a withdrawal of the action. Attorney Murray also advised the court that the case was settled and the trial was accordingly canceled.
Two days later, the plaintiff's attorney was advised by Attorney Murray, after the latter talked with his clients, that the $36,000 could not be paid until on or about August 1, 1995, because Mr. Hryb had to sell some securities in order to pay the settlement figure. On July 28, 1995, Mr. Hryb advised his attorney that he had decided not to settle the case, and Attorney unambiguous;" Audubon, supra,
Accordingly, the plaintiff's motion to enforce the settlement agreement is denied.
So Ordered.
Dated at Stamford, Connecticut, this 19th day of December, 1995.
William B. Lewis, Judge. CT Page 14120