Appellate Division of the Supreme Court of the State of New York June 16, 2000, Appeal No. 2 (Robertson v. Spectrum Applications, Inc.)

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court did not abuse its discretion in allowing defendant to deposit with the clerk of the court the amount of the judgment against it after plaintiff rejected tender of payment (cf., Meilak v Atlantic Cement Co., 30 AD2d 254, 256).