Gyabaah v Rivlab Transp. Corp, 22 NY3d 1018 (2013)

2013 NY Slip Op 08375 [22 NY3d 1018]
December 17, 2013
Court of Appeals

[*1]

Adwoa Gyabaah, Respondent,
v
Rivlab Transportation Corp., Appellant, et al., Defendant. Jeffrey A. Aronsky, P.C., Nonparty Respondent.

Decided December 17, 2013

Gyabaah v Rivlab Transp. Corp., 102 AD3d 451, affirmed.

{**22 NY3d at 1019} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

This action was not settled because the general release and the hold harmless [*2]agreement were never delivered to defendant, nor was the acceptance of the settlement offer otherwise communicated to defendant or its carrier (see White v Corlies, 46 NY 467, 469 [1871]).

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera concur; Judge Abdus-Salaam taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative, in a memorandum.