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TRIADOU SPV S.A. v. CF 135 FLAT LLC

9480, 653462/14.

175 A.D.3d 1133 (2019)

105 N.Y.S.3d 879

2019 NY Slip Op 06453

Triadou SPV S.A., Respondent, v. CF 135 Flat LLC et al., Appellants.

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

September 10, 2019.

Attorney(s) appearing for the Case

Sukenik, Segal & Graff, P.C., New York ( David Salhanick of counsel), for appellants.

Kravit Smith LLP, New York ( Philip M. Smith of counsel), for respondent.

The Decision and Order of this Court entered herein on May 30, 2019 (2019 NY Slip Op 04279 [2019]) is hereby recalled and vacated ( 2019 NY Slip Op 79118[U] [2019] [decided simultaneously herewith]).

Defendants' deposit of full payment on the judgments entered against it to a court monitored escrow account (the Monitorship Account) was not unconditional, such that it did not stop the accrual of post-judgment interest (see Cohen v Transcontinental Ins. Co., 262 A.D.2d 189, 191 [1st Dept 1999] [absent an unconditional tender, defendant would owe plaintiff interest from the date of entry of the original judgment]; see also Garigen...

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