New York Agreement that Statement of Account is True, Correct and Settled
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How to fill out Agreement That Statement Of Account Is True, Correct And Settled?
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FAQ
Conditional Settlement means a binding settlement agreement filed with the court which will result in a dismissal on the satisfactory completion of specific terms or result in a judgment without further hearing upon the filing of a declaration establishing defendant's default.
When a plaintiff settles with one of the defendants, the non-settling defendant(s) may be entitled to discovery of the confidential settlement if the terms of the settlement are material and necessary to the prosecution and/or defense of an action. CPLR § 3101(a); Allen v. Crowell-Collier, 21 N.Y.
Be sure that it's clear to both parties that the terms of the agreement, and the agreement itself, must be kept confidential. Make it clear that this confidentiality also applies to the dispute between the two parties and the negotiation process that resulted in the agreement.
In a settlement both sides agree to the outcome of the case and there is no trial before a judge or a jury. The settlement can be made with or without the help of the court. The agreement is written down and signed by both sides. This writing is called a Stipulation of Settlement.
Yes, the agreement is voluntary, and you don't have to accept the original terms offered. You don't even need to enter discussions if you don't want to, but if you do, both you and your employer must agree to any changes you propose.
Irrespective of how it is labelled, a settlement agreement will not be protected from disclosure if legally relevant, absent an exceptional order of the court.
Settlement negotiations are not protected from discovery by a settlement-negotiation privilege. Although the Federal Circuit declined to create a settlement-negotiation privilege, it did not hold that settlement negotiations are presumptively discoverable.
The vast majority of settlement agreements will contain NDAs (usually referred to as a confidentiality clause in the settlement agreement). Many employers would not enter into a settlement agreement without a confidentiality clause in some form. This isn't usually to cover up inappropriate behaviour.
A formal settlement is a legally binding written contract that incorporates the terms and conditions of the parties' agreement.
A settlement agreement is a legally binding agreement where an employee gives up the right to bring almost all employment-related claims against their employer, in return for a settlement payment.
