CABRERA v. HIRTH

4865, 14555/98

87 A.D.3d 844 (2011)

928 N.Y.S.2d 706

2011 NY Slip Op 6394

JOSE CABRERA, Appellant, v. SIDNEY HIRTH et al., Respondents, et al., Defendants. MARTIN BIENSTOCK, as New York City Marshal, Nonparty Respondent.

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

Decided September 1, 2011.


On September 24, 2004 a judgment in the amount of $1,923,009.90 was entered against the building defendants in favor of plaintiff. The judgment provided, inter alia, for payment to be made in a lump sum amount of $1,000,000, followed by nine years of periodic payments. These payments were to be secured by the purchase of an annuity contract. Pursuant to CPLR 5043, the judgment gave the defendants 30 days to post security for 50% of the annuity payments. This judgment with...

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