Polipo v. Sanders

OPINION OF THE COURT

Stanley Green, J.

Motion of the defendant Edith Sanders (Sanders) pursuant to CPLR 5015 (d), for restitution of the amount of $577,805.25 plus interest, following the reversal of the judgment entered in this action, pursuant to which her insurance carrier made the payment, is granted, with $100 costs. The plaintiff, Frederick Polipo, and his attorneys, Esterman & Esterman, P. C., are directed to forthwith return to the law firm of O’Brien & Mayr, attorneys for the defendant Edith Sanders, the sum of $577,805.25 plus interest from September 30, 1996, plus $100 costs.

DISCUSSIO…