If the validity of a settlement is in dispute, one test is to check whether the settlement was made in court or in writing, and whether the court conducted an allocution.
A trial court’s allocution confirms that actions are made knowingly, intelligently and voluntarily. Strang v. Rathbone, 108 A.D.3d 565, 566 (2d Dept. 2013). During an allocution, the court typically confirms whether a party understood and agreed with the terms of the settlement, willingly. Furey v. Furey, 230 A.D.2d 708 (2d Dept. 1996).
If you have any legal questions or need help with a settlement, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.