Ebaid v. PV Holding Corp.

Docket: 2019-12088

Court: Appellate Division of the Supreme Court of the State of New York; November 8, 2022; New York; State Appellate Court

Original Court Document: View Document

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Emad Ebaid appealed a decision from the Supreme Court of Queens County that enforced a settlement agreement with defendants PV Holding Corp. and Avis Budget Group, Inc. The case stemmed from a personal injury claim arising from a motor vehicle accident on October 28, 2016. Following mediation, both parties' attorneys executed a post-mediation agreement, which stated that the dispute was "fully and completely resolved" and that the agreement was "final and binding."

After Ebaid failed to execute additional necessary settlement documents, the defendants moved to enforce the settlement under CPLR 2104. The court found that the settlement agreement met the requirements of CPLR 2104, as it was in writing and signed by the attorneys. The court emphasized that settlement agreements are favored and should not be dismissed lightly, noting that a party can only be relieved from such agreements under circumstances like fraud or duress, neither of which Ebaid demonstrated.

The appellate court affirmed the lower court's decision, ruling that the defendants were entitled to enforce the settlement agreement. The order was upheld with costs awarded to the defendants.