MANN, SR. v. ALL WASTE SYSTEMS, INC.


293 A.D.2d 656 (2002)

741 N.Y.S.2d 272

TIMOTHY MANN, SR., et al., Respondents, v. ALL WASTE SYSTEMS, INC., Appellant, et al., Defendants.

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

Decided April 22, 2002.


Ordered that the judgment and orders are affirmed, without costs or disbursements.

CPLR 5003-a provides that a settling plaintiff, upon tender of a duly-executed release and stipulation of discontinuance to a settling defendant, is entitled to enter judgment in the amount set forth in the release, together with interest and a lawful disbursement of costs, if all sums are not paid within 21 days of tender (see CPLR 5003-a [a]). We decline to address the timeliness...

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