Republic National Bank v. Olshin Woolen Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Barbara Kapnick, J.), entered May 9, 2002, which granted defendants’ motion for an order, inter alia, staying and restraining plaintiff from declaring a default, and further declaring that defendants have satisfied their contractual obligations, on the condition defendants remit to plaintiff $10,000 in addition to the monies owed, unanimously reversed, on the law and the facts, without costs, the order vacated in its entirety, and the motion denied.
It is well settled that a court may not, under the guise of interpretation, fashion a new contract for the…
2Cases cited4 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Rodolitz v. Neptune Paper Prods.New York Court of Appeals · 1968
- Missionary Sisters of the Sacred Heart v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2001
- Evans v. Famous Music Corp.Appellate Division of the Supreme Court of the State of New York · 2003
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- In Re Anc Rental Corp.United States Bankruptcy Court, D. Delaware · 2005