New York CPLR 2104 - Interpretation

In Deutsche Bank National Trust Company v. Addington Williams, et al, 17 Misc. 3d 320 (Sup. Court Kings County, J. Kramer, August 8, 2007) the Court found fault with the plaintiff bank for not filing the forbearance agreement with the Clerk of the Court, citing CPLR 2104. CPLR 2104 regarding Stipulations states that: "An agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party unless it is in a writing, subscribed by him or his attorney or reduced to the form of an order and entered. With respect to stipulations of settlement and notwithstanding the form of the stipulation of settlement, the terms of such stipulation shall be filed by the defendant with the county clerk. ."