Appellate Division of the Supreme Court of the State of New York September 13, 1999 (Liss v. Brigham Park Cooperative Apartments Sec. No. 3, Inc.)

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Garson, J.), entered July 29, 1998, which granted the plaintiff’s motion for costs, disbursements, and interest pursuant to CPLR 5003-a (e) for failure to timely tender a stipulated payment, and sua sponte awarded an attorney’s fee to the plaintiff.