Cascone & Kluepfel, LLP, Garden City (Howard Altman of counsel), for appellants.

Richard J. Katz, LLP, New York (Richard J. Katz of counsel), for respondent.

Order, Supreme Court, New York County (George J. Silver, J.), entered March 6, 2013, which denied defendants' motion to enforce a settlement agreement, unanimously reversed, on the law, without costs, and the motion granted.

This matter was settled in "open court" where, following negotiations in the trial-ready part with the assistance of the presiding judge, the part notified the County Clerk, who marked the matter "settled . . . $85,000" (see CPLR 2104; Hawkins v City of New York, 40 AD3d 327 [1st Dept 2007]; Popovic v New York City Health & Hosps. Corp., 180 AD2d 493 [1st Dept 1992]). Plaintiff does not dispute the terms of the settlement and the settlement was memorialized by the court (cf. Velazquez v St. Barnabas Hosp., 13 NY3d 894 [2009] [settlement not binding where conditions of settlement not recorded or memorialized, and agreement not made in open court or filed with county clerk]). Concur—Saxe, J.P., Moskowitz, Freedman, Gische and Kapnick, JJ.