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COLONIAL SURETY COMPANY v. GENESEE VALLEY NURSERIES, INC.

CA 11-02262.

94 A.D.3d 1422 (2012)

942 N.Y.S.2d 723

2012 NY Slip Op 2983

COLONIAL SURETY COMPANY, Appellant, v. GENESEE VALLEY NURSERIES, INC., et al., Defendants, and PAUL W. O'BRIEN, Respondent.

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

Decided April 20, 2012.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating that part denying plaintiff's motion insofar as it sought to amend the second amended judgment to include additional attorneys' fees that plaintiff incurred in attempting to collect upon that judgment and to prevent defendant from fraudulently discharging that judgment in bankruptcy and granting the motion to the extent that it seeks...

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