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SWELTZ v. INT'L SALT CO.

186 A.D.2d 1013 (1992)

Douglas Sweltz, Respondent, v. International Salt Company et al., Defendants, et al., Third-Party Plaintiff. Haney Erection Service, Inc., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 7, 1992

Judgment unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court improperly entertained plaintiff's motion made pursuant to CPLR 5044 to convert a judgment for periodic payments to a judgment for a lump sum. By its terms, it is apparent that CPLR 5044 applies only if the judgment provides for periodic payments. This is evident by the language that plaintiff may request an order requiring payment of "the outstanding payments...

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