In Binensztok v. Bello, 285 AD2d 619, 728 NYS2d 750, the plaintiff and defendant entered into a stipulation of settlement on a personal injury claim. The stipulation of settlement clearly provided that payment by the defendant was to be proceeded by signed releases and stipulations of discontinuance. Id. The court found that: The stipulation of settlement clearly provides that the various defendants, and Jack Binensztok in his capacity as the defendant on the counterclaim, have no obligation to perform their part of the agreement until after the respondents have executed and delivered signed releases and stipulations of discontinuance. Id.