Summary
In Meiselman v Allstate Ins. Co. (197 AD2d 561 [2d Dept 1993]), the Court held that the trial court properly concluded that the defendant's unconditional tender of the judgment amount stopped the running of postjudgment interest pursuant to CPLR 5003.
Summary of this case from Allison v. Erie County IndusOpinion
October 12, 1993
Appeal from the Supreme Court, Suffolk County (Copertino, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The Supreme Court properly concluded that the defendant's unconditional tender of the judgment amount stopped the running of postjudgment interest pursuant to CPLR 5003 (see, Pellegrino v. State of New York, 133 Misc.2d 888, affd 139 A.D.2d 502; cf., Martin v. Tafflock, 166 A.D.2d 635; Juracka v Ferrara, 120 A.D.2d 822; Pollock v. Collipp, 138 A.D.2d 584; see also, 5 Weinstein-Korn-Miller, N Y Civ Prac ¶ 5003.01). Thompson, J.P., Ritter, Santucci and Joy, JJ., concur.