Opinion · Nylaw New York

BOLKIN v. MAX LEVY, 17 Misc.2d 56 (1959)

184 N.Y.S.2d 461

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1959-02-11
Topic
general

BOLKIN v. MAX LEVY, 17 Misc.2d 56 (1959) 184 N.Y.S.2d 461 MARSHA BOLKIN, an Infant, by Her Guardian ad Litem LAWRENCE KAMER et al.,Plaintiffs, v. MAX LEVY et al., DefendantsSupreme Court, Special Term, Bronx County. February 11, 1959 Julius C. Levy for plaintiffs.

Citator

UpLaw has not yet analyzed BOLKIN v. MAX LEVY, 17 Misc.2d 56 (1959). The absence of a flag is not a finding that it is good law.

BOLKINv.MAX LEVY,17 Misc.2d 56(1959)
184 N.Y.S.2d 461
MARSHA BOLKIN, an Infant, by Her Guardian ad Litem LAWRENCE KAMER et al.,
Plaintiffs,v.MAX LEVY et al., Defendants
Supreme Court, Special Term, Bronx County.
February 11, 1959
Julius C. Levyfor plaintiffs.Stanley D. Hicksfor Tidewater Coal Docks Corporation, defendant.Martin A. Creamfor Max Levy, defendant.
FRANCIS X. CONLON, J.
As a result of the decision of the Appellate Division (5 A.D.2d 824) and the infant plaintiff's consent to a reduction of the verdict against Tidewater, the latter is liable for $16,500, plus interest and costs (Schultzv.United States Fidelity Guar.Co.,201 N.Y. 230;Bernsteinv.Siegel,204 Misc. 750). Tidewater's present motion, to the extent that it seeks to have the judgment entered againstbothdefendants reduced to $16,500, is, accordingly, denied. Insofar as Tidewater seeks an order permitting it to make a deposit into court, the motion is likewise denied. No order of the court is necessary under subdivision 4 of section 530 of the Civil Practice Act. Furthermore, the deposit under that section must include "a sum equal to two per centum of said judgment", whereas the deposit proposed by Tidewater does not include said 2%.

To the extent that Tidewater seeks to compel the codefendant to pay a specified part of the judgment, the motion is also denied, as premature. Until Tidewater has made a payment or a deposit into court, it is in no position to move for contribution under section 211-a of the Civil Practice Act.

Insofar as relief is sought against the County Clerk, the motion is also denied, as premature. Until a deposit of the amount required by subdivision 4 of section 530 has been made, Tidewater is not entitled to any relief against the County Clerk.

It is unnecessary, for the purposes of the present motion, to decide the effect of the alleged agreement between Commercial Casualty Insurance Co. and the codefendant.Page 57