Polipo v. Sanders

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about October 16, 1996, which directed plaintiff to return $577,805.25, plus interest, that had been paid to him in partial satisfaction of a judgment that was later vacated, unanimously affirmed, without costs.

The record is clear that defendants’ primary insurance carrier paid plaintiff $577,805.25 in partial satisfaction of a judgment in plaintiffs favor so that plaintiff would not execute on defendants’ property pending appeal. Plaintiff’s contention that this sum was paid in settlement of any part of the action is…