DOWLING v. STEPHAN


206 Misc. 518 (1954)

Vera M. Dowling, Individually and as Administratrix of The Estate of Edward J. Dowling, Deceased, Plaintiff, v. F. Horst Stephan, Defendant.

Supreme Court, Special Term, Kings County.

September 10, 1954.


Attorney(s) appearing for the Case

Garvey & Conway for defendant.

Alfred S. Julien for plaintiff.


OLLIFFE, J.

The instant proceeding is a unique situation of error compounded upon error. Defendant was insured under a liability policy, which limited the liability of the insurance company to $5,000. The insurance company paid the sum of $16,400.75 in satisfaction of the judgment entered in the action. The defendant moves to resettle the judgment so as to strike therefrom the sum of $4,200 allowed as interest...

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