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GHULAM HADIER, respondent, v. REMINGTON PLACE ASSOCIATES, LLC, ETC., ET AL., appellants.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The parties settled their lawsuit in July 2001. It is undisputed that the defendants did not pay the settlement amount to the plaintiff within the time period prescribed by CPLR 5003-a. Accordingly, the plaintiff was entitled to enter judgment pursuant to that statute so as to reflect costs and the appropriate amount of interest (see O'Meara v. A P, Inc., 169 Misc.2d 697). The plaintiff's acceptance of a payment from the defendants, which did not include costs or interest, did not preclude the entry of a judgment pursuant to CPLR 5003-a (cf. Mann v. All Waste Sys., 293 A.D.2d 656, lv denied 98 N.Y.2d 610; Pothos v. Arverne Houses, 269 A.D.2d 377).

The defendants' remaining contention is without merit.

SANTUCCI, J.P., KRAUSMAN, ADAMS and CRANE, JJ., concur.

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HADIER v. REMINGTON PLACE ASSOC
(Feb 13, 2003)