| Verde Electric Corporation v Federal Insurance Company |
| Motion No: 2007-08810 |
| Slip Opinion No: 2008 NYSlipOp 72985(U) |
| Decided on May 23, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M70922
E/sl
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2007-08810 Verde Electric Corporation, respondent, v Federal Insurance Company, appellant, et al., defendants. (Index No. 07-3952)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated September 12, 2007, to discharge an undertaking by Vigilant Insurance Company dated September 17, 2007, in the sum of $1,518,086.84, which was posted pursuant to CPLR 5519 and 2502 as an undertaking on the appeal, and to direct the release of any collateral provided by the appellants as security for the undertaking.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Westchester County Clerk is directed to discharge Vigilant Insurance Company as surety on the undertaking; and it is further,
ORDERED that the surety on the undertaking, Vigilant Insurance Company, is directed to release to the appellants any collateral provided as security for the undertaking.
MASTRO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court