Legal Question in Civil Litigation in New York
I am trying to settle a civil suit/countersuit with opposing counsel. He insists on adding "retraction" language to the brief agreement, even though what we are signing is a stipulation to discontiue the actions, and promises to stay away from each others' lives. The suits are mainly "infliction of emotional distress" suits.
What legally am I promising in a "Retraction" - is this saying that what I filed in my complaints (civil and criminal) I am now saying is false? I cannot do this, as my counterclaims are all true. I prefer to eliminate all retraction language. What is your advice. Thank you.
1 Answer from Attorneys
You cannot sign something that is not true. However, as an alternative you should request that the file is sealed. That way, no one would have access to the allegations in the complaint - other than the parties and a judge.
Mike.
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