WIEDERHORN v. MERKIN

9948, 601265/10.

106 A.D.3d 416 (2013)

965 N.Y.S.2d 36

2013 NY Slip Op 3166

NOEL M. WIEDERHORN, MD, on Behalf of NOEL M. WIEDERHORN, MD IRA ROLLOVER ACCOUNT, Respondent, v. J. EZRA MERKIN et al., Appellants.

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

Decided May 2, 2013.


On February 9, 2011, a judgment of $1,758,744.01 was entered in petitioner's favor as against respondent Merkin. On February 18, 2011, respondents paid $1,763,080.64 (representing the amount of the judgment, plus interest through February 18) into court to stay the judgment pending appeal pursuant to CPLR 5519(a)(2).

In 2012, petitioner moved to have Merkin increase his undertaking to account for the additional interest that had accrued on the judgment since February...

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