Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

John Tencza v. St. Elizabeth Medical Center

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


September 30, 2011

JOHN TENCZA,
PLAINTIFF-RESPONDENT,
v.
ST. ELIZABETH MEDICAL CENTER,
DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered July 6, 2010 in a medical malpractice action.

Tencza v St. Elizabeth Med. Ctr.

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 30, 2011

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, SCONIERS, AND GORSKI, JJ.

The order, inter alia, directed defendant to pay plaintiff costs, disbursements and interest on a judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Defendant appeals from an order in this medical malpractice action that, inter alia, denied its motion seeking to vacate a judgment entered in plaintiff's favor pursuant to CPLR 5003-a and ordered defendant to pay costs, disbursements and interest on that judgment. We affirm. Contrary to defendant's contention, plaintiff satisfied his obligation pursuant to CPLR 5003-a by tendering a general release and stipulation of discontinuance to defendant's attorney. The general release acknowledged the existence of a Medicare lien and provided "that a portion of the settlement will be paid to Medicare for [the] purpose[] of satisfying that lien." The parties thereafter agreed that defendant was permitted to withhold only $50,000 of the settlement to satisfy the Medicare lien. "Neither CPLR 5003-a, nor the parties' stipulation of settlement, imposed any additional requirement on the plaintiff or his attorney" (Klee v Americas Best Bottling Co., Inc., 76 AD3d 544, 546).

Entered: September 30, 2011

Patricia L. Morgan Clerk of the Court

20110930

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.