Tencza v. St. Elizabeth Medical Center

Memorandum:

Defendant appeals from an order in this medical malpractice action that, inter alia, denied its motion seeking to vacate a judgment entered in plaintiff’s favor pursuant to *1376CPLR 5003-a and ordered defendant to pay costs, disbursements and interest on that judgment. We affirm. Contrary to defendant’s contention, plaintiff satisfied his obligation pursuant to CPLR 5003-a by tendering a general release and stipulation of discontinuance to defendant’s attorney. The general release acknowledged the existence of a Medicare lien and provided “that a portion of the settlement will be paid…