Fox v. T.B.S.D., Inc.

Appeal from a judgment of the Supreme Court (Canfield, J.), entered December 3, *6131999 in Rensselaer County, which directed defendants to pay plaintiff pursuant to the terms of a settlement agreement.

Plaintiff alleges that an underlying personal injury action between the parties was settled for $70,000 and that defendants failed to pay this sum within 21 days of their receipt of plaintiff’s release. Accordingly, plaintiff sought, and Supreme Court granted, a judgment pursuant to CPLR 5003-a for the settlement amount, costs, disbursements and interest. Defendants appeal claiming that the…