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POLIPO v. SANDERS

245 A.D.2d 2 (1997)

666 N.Y.S.2d 406

Frederick Polipo, Appellant, v. Edith Sanders et al., Respondents. (And a Third-Party Action.)

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

December 2, 1997

The record is clear that defendants' primary insurance carrier paid plaintiff $577,805.25 in partial satisfaction of a judgment in plaintiff's favor so that plaintiff would not execute on defendants' property pending appeal. Plaintiff's contention that this sum was paid in settlement of any part of the action is without foundation in the record. When the judgment was later reversed and the complaint dismissed (227 A.D.2d 256, lv denied...

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