Our last two columns have discussed CPLR 2104 and focused on how to create a binding and enforceable stipulation under the statute. Having addressed the mechanics of the three statutory methods, there remain a number of practical considerations when drafting and/or seeking enforcement of stipulations.

Equally important as understanding the express requirements of CPLR 2104 is understanding what should, and should not, be in a stipulation. For this, we leave the statute behind and look to case law. As discussed below, the determination as to whether a stipulation contains the necessary material terms is a fact specific determination.