Legal Opinion

DePasquale v. Estate of DePasquale

Appellate Division of the Supreme Court of the State of New York

Decided November 1, 2011Published

1Opinion of the Court

*673The parties entered into a settlement agreement at trial. After the defendants failed to timely make payment in compliance with the settlement agreement, a judgment was entered against the defendants in the sum of $2,001,270. The plaintiff’s attorney then issued an execution to the City Marshal Bruce Kemp (hereinafter the Marshal). After a levy upon about $95,000 of the defendants’ money, the parties settled. The defendants sent payment for the full amount of the judgment directly to the plaintiff. The poundage fees were not included in the payment. Thereafter, the Marshal moved pursuant to…

2Cases cited10 opinions

  1. Southern Industries, Inc. v. JeremiasAppellate Division of the Supreme Court of the State of New York · 1978
  2. Personeni v. AquinoNew York Court of Appeals · 1959
  3. Solow Management Corp. v. TangerNew York Court of Appeals · 2008
  4. Famous Pizza, Ltd. v. Metss Kosher Pizza, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  5. Martin v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1991

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