The New York Appellate Division of the Second Department held that an e-mail sent by an agent for a car insurance company constituted an enforceable stipulation of settlement. The e-mail summarized the settlement terms of a car accident case. The court stated that given the widespread use of e-mail as a form of written communication in both personal and business affairs, it would be unreasonable to conclude that e-mails are incapable of being enforceable agreements. The court took particular notice of the fact that the agent had purposefully added her name to the end of the e-mail. The court further noted that the e-mail (i) set forth the material terms of the settlement agreement; (ii) did not contain any conditions; and (iii) expressed the mutual assent of the parties. The court's decision is consistent with prior decisions of the New York Appellate Division of the First and Third Departments.
Forcelli v. Gelco Corp., Index No. 27584/08 (N.Y. App. Div., 2nd Dept., July 24, 2013)