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BANKERS TRUST COMPANY v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

261 A.D.2d 286 (1999)

691 N.Y.S.2d 50

BANKERS TRUST COMPANY, Respondent, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant.

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

Decided May 20, 1999.

The court properly ruled that the appeal bond sued upon falls within the ambit of CPLR 3213, since a prima facie case is made out by the bond and a failure to make payment according to its terms (see, Weissman v Sinorm Deli, 88 N.Y.2d 437, 444). The subject appeal bond provides that a sum certain is payable upon failure of the principal to either successfully appeal the June 24, 1997 money judgment in favor of Bankers Trust Company...

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