Carr v. Sheehan

• Decision Date: 24 March 2017
• Citation: Carr v. Sheehan, 148 A.D.3d 1618, 51 N.Y.S.3d 293 (N.Y. App. Div. 2017)
• Parties: Danielle N. CARR and Matthew G. Nause, Plaintiffs–Respondents, v. Christopher F. SHEEHAN and Blake Ann Sheehan, Defendants–Appellants.
• Court: New York Supreme Court — Appellate Division

148 A.D.3d 1618

51 N.Y.S.3d 293

Danielle N. CARR and Matthew G. Nause, Plaintiffs–Respondents,

v.Christopher F. SHEEHAN and Blake Ann Sheehan, Defendants–Appellants.

Supreme Court, Appellate Division, Fourth Department, New York.

March 24, 2017.

Amdursky, Pelky, Fennell & Wallen, P.C., Oswego (Timothy J. Fennell of Counsel), for Defendants–Appellants.

Conboy, McKay, Bachman & Kendall, LLP, Watertown (David B. Geurtsen of Counsel), for Plaintiffs–Respondents.

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, DeJOSEPH, AND SCUDDER, JJ.

MEMORANDUM:

Plaintiffs commenced this action seeking, inter alia, a declaration that they held a prescriptive easement over defendants' property for parking purposes. On the day scheduled for trial, the parties reached a settlement agreement that was placed on the record. Pursuant to the stipulation, defendants agreed to convey the northern portion of their parcel to plaintiffs. The parties identified the boundaries using a survey, but they agreed to meet with a surveyor at the property to provide exact measurements. Defendants' attorney described the southern boundary by referring to a surveyor's pin at the northeastern corner of the parcel and stating that the line would run perpendicular to the adjacent road. He stated that the surveyor was needed to draw the boundary line such that the area was wide enough between that line and defendants' garage to enable defendants to move their boat and trailer. Defendants' attorney stated that "[a]s long as [defendants] have the ability to do that ... [the stipulation] was acceptable to them." Two months later, the parties and their attorneys met at the site and determined that defendants' boat and trailer measured eight feet in width, but defendants rejected the proposed boundary line. Plaintiffs obtained a survey map and legal description from the surveyor, which drew the boundary line such that there was 10 feet of space between the boundary line and defendants' garage. When defendants still refused to convey the property, plaintiffs moved to enforce the stipulation and compel defendants to convey the northern parcel to plaintiffs. Supreme Court granted the motion, and defendants now appeal.

"It is well settled that ‘[a]n oral stipulation of settlement that is made in open court and stenographically recorded is enforceable as a contract and is governed by general contract principles for its interpretation and effect’ " (Gay v. Gay, 118 A.D.3d 1331, 1332, 987 N.Y.S.2d 740, lv. dismissed 25 N.Y.3d 1015, 10 N.Y.S.3d 508, 32 N.E.3d 943 ; see Walker v. Walker, 42 A.D.3d 928, 928, 840 N.Y.S.2d 260, lv. dismissed 9 N.Y.3d 947, 846 N.Y.S.2d 75, 877 N.E.2d 293 ). We reject defendants' contention that the stipulation was simply "an agreement to agree." "If an agreement is not reasonably certain in its material terms, there can be no legally enforceable contract" (Cobble Hill Nursing Home v. Henry & Warren Corp., 74 N.Y.2d 475, 482, 548 N.Y.S.2d 920, 548 N.E.2d 203, rearg. denied 75 N.Y.2d 863, 552 N.Y.S.2d 925, 552 N.E.2d 173, cert. denied 498 U.S. 816, 111 S.Ct. 58, 112 L.Ed.2d 33 ; see Matter of 166 Mamaroneck Ave. Corp. v. 151 E. Post Rd. Corp., 78 N.Y.2d 88, 91, 571 N.Y.S.2d 686, 575 N.E.2d 104 ; Joseph Martin, Jr., Delicatessen v. Schumacher, 52 N.Y.2d 105, 109, 436 N.Y.S.2d 247, 417 N.E.2d 541 ). Thus, "a mere agreement to agree, in which a material term is left for future negotiations, is unenforceable" (Joseph Martin, Jr., Delicatessen, 52 N.Y.2d at 109, 436 N.Y.S.2d 247, 417 N.E.2d 541 ; see 166 Mamaroneck Ave. Corp., 78 N.Y.2d at 91, 571 N.Y.S.2d 686, 575 N.E.2d 104 ). Nevertheless, the "doctrine of definiteness" should not be applied rigidly (166 Mamaroneck Ave. Corp., 78 N.Y.2d at 91, 571 N.Y.S.2d 686, 575 N.E.2d 104 ; see Cobble Hill Nursing Home, 74 N.Y.2d at 482–483, 548 N.Y.S.2d 920, 548 N.E.2d 203 ). "[W]here it is clear from the language of an agreement that the parties intended to be bound and there exists an objective method for supplying a missing term, the court should endeavor to hold the parties to their bargain" (166 Mamaroneck Ave. Corp., 78 N.Y.2d at 91, 571 N.Y.S.2d 686, 575 N.E.2d 104 ; see Joseph Martin, Jr., Delicatessen, 52...