Assael v. 15 Broad Street

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kangs County (R. Miller, J.), dated June 21, 2010, as granted that branch of the defendant’s motion which was to discharge a certain bond issued by Fidelity and Deposit Company of Maryland, dated January 21, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 2008, the Supreme Court granted the plaintiffs unopposed motion for leave to enter judgment against the defendant on the issue of liability, upon the defendant’s failure to appear or…