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NEVAREZ v. CITY OF NEW YORK

261 A.D.2d 206 (1999)

690 N.Y.S.2d 37

ESTABAN R. NEVAREZ, Respondent-Appellant, v. CITY OF NEW YORK et al., Appellants-Respondents, and UNION HOSPITAL, Respondent, et al., Defendant.

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

Decided May 13, 1999.

Union Hospital's motion to vacate the award of prejudgment interest as against it contained in the March 6, 1998 judgment was not procedurally defective (see, Karlin v Bridges, 172 A.D.2d 644), and the grant thereof is affirmed.

We agree with the IAS Court that the stipulation entered into by plaintiff and Union Hospital was a covenant not to sue or enforce a judgment under General Obligations Law § 15-108, and, accordingly...

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