From Casetext: Smarter Legal Research

Delahanty v. Anderson

Appellate Division of the Supreme Court of New York, Fourth Department
May 11, 1990
161 A.D.2d 1164 (N.Y. App. Div. 1990)

Opinion

May 11, 1990

Appeal from the Supreme Court, Cayuga County, Contiguglia, J.

Present — Dillon, P.J., Callahan, Denman, Balio and Lowery, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants' motion to correct a judgment entered in accordance with an arbitration award on the grounds that it erroneously included an award of prejudgment interest. Defendants also sought restitution for the interest portion of the judgment which they had allegedly satisfied by mistake. A judgment which is paid and satisfied of record ceases to have any existence since a defendant, by paying the amount due, extinguishes the judgment and the obligation thereunder (H.D.I. Diamonds v. Frederick Modell, Inc., 86 A.D.2d 561, appeal dismissed 56 N.Y.2d 645).


Summaries of

Delahanty v. Anderson

Appellate Division of the Supreme Court of New York, Fourth Department
May 11, 1990
161 A.D.2d 1164 (N.Y. App. Div. 1990)
Case details for

Delahanty v. Anderson

Case Details

Full title:DONALD W. DELAHANTY, Respondent, v. WILLIAM C. ANDERSON, Individually and…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 11, 1990

Citations

161 A.D.2d 1164 (N.Y. App. Div. 1990)
556 N.Y.S.2d 423

Citing Cases

Samuel v. Samuel

Ordered that one bill of costs is awarded to the plaintiff. "A judgment which is paid and satisfied of record…

Cach, LLC v. Ryan

), a finding in favor of the defendant would mean that the judgment was "a nullity" ( Royal Zenith Corp. v.…