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.
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
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