KREITZER v. CHAMIKLES


107 Misc.2d 398 (1980)

Harry Kreitzer, Plaintiff, v. Saebert Chamikles, Defendant.

Supreme Court, Special Term, New York County.

December 19, 1980


Attorney(s) appearing for the Case

Patricia Collins and Bert W. Subin for plaintiff. Bower & Gardner (John J. Laden of counsel), for defendant.


MARTIN EVANS, J.

Plaintiff, after obtaining judgment in a medical malpractice action, moves to vacate the undertaking posted on behalf of defendant to stay execution pending appeal.

Following entry of judgment in plaintiff's favor in the amount of $1,011,841.65, defendant then filed an undertaking in the amount of $1,000,841.65, written by his malpractice liability carrier, Employees Insurance of Wausau. Plaintiff here moves to set aside the undertaking...

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