Including a Recent Appellate Division Case Litigated by Scura, Wigfield, Heyer, Stevens & Cammarota, LLP
The vast majority of lawsuits settle prior to trial. If every lawsuit that is filed went to trial, the court system would be hopelessly back logged. Therefore, from a public policy perspective, courts encourage settlement of litigation. Accordingly, once a settlement is entered into, the courts will strain to enforce that settlement agreement if disputes arise as to the scope and validity of the settlement.