MOTICHKA v. CODY, M.D.


5 A.D.3d 185 (2004)

773 N.Y.S.2d 46

JOANNE MOTICHKA, Respondent, v. HIRAM CODY, M.D., Appellant.

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

March 9, 2004.


The IAS court correctly determined that the $40,000 paid by defendant to plaintiff pursuant to the letter agreement was in addition to, not reduction of, the amount due under the judgment. Paragraph 1 of the letter simply provides that defendant "shall pay the sum of $40,000 immediately." Paragraph 2 then provides that defendant "shall pay all sums owing pursuant to the judgment including interest to today's date within 60 days hereof" (emphasis added). Defendant would...

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