Smith v. 167th Street & Walton Ave. Corp.

Plaintiff infant, by guardian, and the infant’s mother have had judgment in this negligence action against the three defendants, two of whom are insured. The policy in each instance is less in amount than the judgment. The insurers seek stay of execution and each has filed its sole undertaking without surety. Plaintiffs object. The purpose of section 568-a of the Civil Practice Act was to permit the insurer of a defendant, its insured, who had been held liable to a plaintiff in an amount greater than the insurance coverage, to protect itself pending appeal by giving an undertaking to perfect…