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POLIPO v. SANDERS

170 Misc.2d 833 (1996)

650 N.Y.S.2d 941

Frederick Polipo, Plaintiff, v. Edith Sanders, Individually and as Trustee of a Trust Created by Jennie Berkowitz, et al., Defendants.

Supreme Court, Bronx County.

October 16, 1996

Attorney(s) appearing for the Case

Langan & Levy, New York City, for defendants. Esterman & Esterman, New York City, for plaintiff.

STANLEY GREEN, J.

Motion of the defendant Edith Sanders (Sanders) pursuant to CPLR 5015 (d), for restitution of the amount of $577,805.25 plus interest, following the reversal of the judgment entered in this action, pursuant to which her insurance carrier made the payment, is granted, with $100 costs. The plaintiff, Frederick Polipo, and his attorneys, Esterman & Esterman, P. C., are directed to forthwith...

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