What is the test for strict tender in a personal injury judgment?

[9][10] Moreover, strict tender was unnecessary on account of the outstanding right of dower and because two of the heirs were infants. Where, according to allegation and evidence, one party is able and willing to perform and has made due effort to that end, no actual tender need be made if performance has been prevented by the other party, or the situation is such that the amount to be tendered cannot be known without a judgment of the court, or some of the persons entitled to the money are infants, so that no tender can be made to them. Lawrence v. Miller, 86 N . Y. 131, and cases cited on page 137.

We find no error in the record, and the judgment appealed from should therefore be affirmed, with costs.

Judgment affirmed.