'It Is Hereby ... ' Can Emails Create a Binding Stipulation?
Matter of Eckert, 2023 NY Slip Op 03270 (3d Dep't 2023), a recent Third Department decision, the court split 3-2 on whether a series of email constituted a binding stipulation. The decision both recites the basic rules and highlights the risk of getting it wrong.
July 17, 2023 at 01:34 PM
15 minute read
(L-R)Katryna L. Kristoferson and David Paul Horowitz of the Law Offices of David Paul Horowitz. Courtesy photos Practical New York Practice™
Introduction
Growing up we were taught there are basic tasks we are expected to master in order to live in a civilized society: respect elders, don't slurp your soup, and always use the Oxford comma (but see Vampire Weekend).
Growing up as lawyers there were corollary tasks we were expected to master: respect judges, dress appropriately for court, and know how to draft a binding, judicially enforceable stipulation. This last, seemingly simple task, is often done incorrectly, rendering the document, well, not worth the paper it's written on.
Matter of Eckert, 2023 NY Slip Op 03270 (3d Dep't 2023), a recent Third Department decision, the court split 3-2 on whether a series of email constituted a binding stipulation. The decision both recites the basic rules and highlights the risk of getting it wrong.
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