
    [4 NE3d 359, 981 NYS2d 349]
    Adwoa Gyabaah, Respondent, v Rivlab Transportation Corp., Appellant, et al., Defendant. Jeffrey A. Aronsky, P.C., Nonparty Respondent.
    Decided December 17, 2013
    
      APPEARANCES OF COUNSEL
    
      Law Offices of Krai Clerkin Redmond Ryan Perry & Van Etten, LLP, Melville (Elizabeth Gelfand Kastner of counsel), for appellant.
    
      Law Offices of Kenneth A. Wilhelm, New York City (Barry Liebman and Susan R. Nudelman of counsel), for respondent.
    
      Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), for nonparty respondent.
   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 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.  