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The court dismissed the defendant’s application to rescind a settlement agreement, finding no duress and no fundamental breach of the non-disparagement term.
The motion judge correctly applied the governing test and reasonably found the settlement with Antonello did not materially change the litigation landscape; his mixed fact-and-law determination was entitled to deference, so the appeal dismissing the stay was properly decided.
Source excerpt
The court found a binding settlement existed, but refused to enforce it because plaintiff’s counsel accepted under a prompt, material misapprehension about the release.
The court found a breach of a settlement agreement’s best-efforts and non-disparagement terms, and held that a BIV letter was defamatory and motivated by malice.
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