Legal Opinion
Kreitzer v. Chamikles
New York Supreme Court
Decided December 19, 1980PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin Evans, J.
Plaintiff, after obtaining judgment in a medical malpractice action, moves to vacate the undertaking posted on behalf of defendant to stay execution pending appeal.
Following entry of judgment in plaintiff’s favor in the amount of $1,011,841.65, defendant then filed an undertaking in the amount of $1,000,841.65, written by his malpractice liability carrier, Employees Insurance of Wausau. Plaintiff here moves to set aside the undertaking on two grounds: (1) insufficiency of amount; and (2) identity of the insurer.
Plaintiff argues that the assumption of the…
2Cases cited3 opinions
- Murphy v. Mandon Realty Co.New York Supreme Court · 1939
- Smith v. 167th Street & Walton Ave. Corp.New York Supreme Court · 1941
- Murphy v. Mandon Realty Co.Appellate Division of the Supreme Court of the State of New York · 1939
3Cited by2 opinions
- Matthews v. CTI Container Transport International Inc.District Court, S.D. New York · 1988
- Recon Car Corp. v. Chrysler Corp.New York Supreme Court · 1985