Legal Opinion

Spatz v. Mellins

New York Supreme Court

Decided December 3, 1957Published

1Opinion of the CourtBenjamin Brenner, J.

Motion by defendant to limit to $100,000 the amount of security pending his appeal from a judgment against him and, in the meantime, to continue the present stay. The judgment is for $300,260, based upon a verdict rendered by a jury in an action for personal injuries. Defendant’s liability coverage is in the sum of $100,000, and the insurance carrier stands ready to file a bond in the said sum.

Defendant contends that he has no personal assets or collateral security remotely approaching the judgment balance of $200,260 which would remain to be secured, and is therefore unable to post security…

2Cases cited2 opinions

  1. McNamara v. PowellAppellate Division of the Supreme Court of the State of New York · 1945
  2. Regan v. DillonAppellate Division of the Supreme Court of the State of New York · 1922

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