Hickson v. Gardner

— Order unanimously reversed on the law with costs and motion granted. Memorandum: Plaintiff commenced an action against defendant sounding in negligence. A jury rendered a verdict in favor of plaintiff in the sum of $1,000 on May 20, 1986. On May 28, 1986, counsel for defendant wrote to plaintiff’s attorney requesting that a judgment be filed and served so that the *931matter could be terminated. Receiving no response, defense counsel, on July 29, 1986, again wrote to plaintiff’s attorney asking that he enter and serve the judgment as he was holding the insurance carrier’s check in the amount of…