Torres v. Visto Realty Corp.

Appellate Division of the Supreme Court of New York

Torres v. Visto Realty Corp.

127 A.D.3d 545, 8 N.Y.S.3d 59

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 16, 2015

Docket14834 306975/09

StatusPublished

Cited by1 cases

This text of 127 A.D.3d 545 (Torres v. Visto Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Torres v. Visto Realty Corp., 127 A.D.3d 545, 8 N.Y.S.3d 59 (N.Y. Ct. App. 2015).

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Opinion

Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered April 4, 2014, which upon defendant’s motion, vacated the portions of the judgment, same court and Justice, entered November 21, 2013, awarding plaintiff interest, costs, and disbursements, and attorneys’ fees, if any, as calculated in the judgment, vacated all future interests, costs, disbursements, and attorneys’ fees, if any, accrued after entry of the judgment, ordered that no further interest, costs, disbursements and attorneys’ fees, if any, are to accrue, ordered plaintiffs counsel to provide a satisfaction of judgment to defendant’s counsel and file an amended or modified judgment in the amount of $200,000 within 20 days, and ordered plaintiff to provide an affidavit that he is not and was not a Medicare recipient at the time of the accident within 30 days, unanimously affirmed, without costs.

Contrary to plaintiffs contention, the court properly found that plaintiff did not satisfy his obligations under CPLR 5003-a, since he failed to provide defendant with the information relating to his Medicare status that defendant requires to comply with its reporting obligations under 42 USC § 1395y (see Liss v Brigham Park Coop. Apts. Sec. No. 3, 264 AD2d 717 [2d Dept 1999]; Torres v Hirsch Park, LLC, 91 AD3d 942 [2d Dept 2012]; 42 CFR 411.24 [b]; 42 USC § 1395y [b] [8]; see also Cely v O’Brien & Kreitzberg, 45 AD3d 368 [1st Dept 2007]).

Concur— Acosta, J.P., Saxe, Moskowitz, Richter and Feinman, JJ.

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Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered April 4, 2014, which upon defendant’s motion, vacated the portions of the judgment, same court and Justice, entered November 21, 2013, awarding plaintiff interest, costs, and disbursements, and attorneys’ fees, if any, as calculated in the judgment, vacated all future interests, costs, disbursements, and attorneys’ fees, if any, accrued after entry of the judgment, ordered that no further interest, costs, disbursements and attorneys’ fees, if any, are to accrue, ordered plaintiffs counsel to provide a satisfaction of judgment to defendant’s counsel and file an amended or modified judgment in the amount of $200,000 within 20 days, and ordered plaintiff to provide an affidavit that he is not and was not a Medicare recipient at the time of the accident within 30 days, unanimously affirmed, without costs.

Contrary to plaintiffs contention, the court properly found that plaintiff did not satisfy his obligations under CPLR 5003-a, since he failed to provide defendant with the information relating to his Medicare status that defendant requires to comply with its reporting obligations under 42 USC § 1395y (see Liss v Brigham Park Coop. Apts. Sec. No. 3, 264 AD2d 717 [2d Dept 1999]; Torres v Hirsch Park, LLC, 91 AD3d 942 [2d Dept 2012]; 42 CFR 411.24 [b]; 42 USC § 1395y [b] [8]; see also Cely v O’Brien & Kreitzberg, 45 AD3d 368 [1st Dept 2007]).

Concur— Acosta, J.P., Saxe, Moskowitz, Richter and Feinman, JJ.

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Bluebook (online)

127 A.D.3d 545, 8 N.Y.S.3d 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-visto-realty-corp-nyappdiv-2015.

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