Legal Opinion

Marine Midland Bank v. Stukey

New York Court of Appeals

Decided November 17, 1981PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (75 AD2d 713). So far as the stay of execution of the judgment pending disposition of the counterclaims is concerned, under all the circumstances, we cannot say that its grant by the Appellate Division was an abuse of discretion as a matter of law (see Chrysler Corp. v Fedders Corp., 51 NY2d 953, 955).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

2Cases cited2 opinions

  1. Chrysler Corp. v. Fedders Corp.New York Court of Appeals · 1980
  2. State Division of Human Rights v. Central Buffalo Project Corp.Appellate Division of the Supreme Court of the State of New York · 1980

3Cited by7 opinions

  1. Edison Stone Corp. v. 42nd Street Development Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Friends Lumber, Inc. v. Cornell Development Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  3. 767 Third Avenue LLC v. ORIX Capital Markets, LLCAppellate Division of the Supreme Court of the State of New York · 2006
  4. Marine Midland Bank, N.A. v. MitchellAppellate Division of the Supreme Court of the State of New York · 1984
  5. Koppell v. Long Island Society for Prevention of Cruelty to ChildrenNew York Supreme Court · 1994

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