O'Brien v. Empire Discount Corp.

To stay the enforcement of a judgment pending appeal to the Appellate Division, the defendant Empire Discount Corporation (hereafter called “ defendant ”) elected to deposit with the Monroe County Treasurer cash in the amount of $83,650.72 in lieu of furnishing an undertaking. The Appellate Division (20 A D 2d 677) reversed the judgment with costs and on February 14, 1964 defendant entered its judgment of reversal and filed a bill of costs in the amount of $431.54, which amount was included in the judgment. By notice dated February 17, 1964 plaintiff moved for retaxation to be held on…