FOX, JR. v. T.B.S.D., INC


278 A.D.2d 612 (2000)

719 N.Y.S.2d 150

THOMAS E. FOX, JR., Respondent, v. T.B.S.D., INC, et al., Appellants.

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

Decided December 14, 2000.


Carpinello, J.

Plaintiff alleges that an underlying personal injury action between the parties was settled for $70,000 and that defendants failed to pay this sum within 21 days of their receipt of plaintiff's release. Accordingly, plaintiff sought, and Supreme Court granted, a judgment pursuant to CPLR 5003-a for the settlement amount, costs, disbursements and interest. Defendants appeal claiming that the court abused its discretion in granting plaintiff this relief...

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