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VICK v. ALBERT

50 A.D.3d 438 (2008)

856 N.Y.S.2d 482

JONATHAN E. VICK et al., Respondents, v. RICHARD ALBERT et al., Appellants, et al., Defendants.

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

Decided April 15, 2008.

After plaintiffs obtained a judgment against appellants, both sides appealed, during the pendency of which appellants moved to deposit funds into court pursuant to CPLR 5021 (a) (3), in partial satisfaction and as an undertaking for the balance of the judgment, in order to stay enforcement. Appellants argued that a deposit made under CPLR 5021 (a) (3), as opposed to an undertaking under CPLR 2501 (2) or 5519 (a) (2), tolls the running of postjudgment interest and avoids the...

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