Legal Opinion

Suffolk Auto Liquidators, Inc. v. Eastern Auto Auction, Inc.

New York Supreme Court

Decided March 19, 1973PublishedCited by 2 opinions

1Opinion of the CourtArnold L. Fein, J.

This is a special proceeding brought pursuant to CPLR 5227 against Eastern Auto Auction (Eastern) and Chemical Bank (Chemical) to enforce a judgment obtained by petitioner against Eastern. Chemical moves (1) to dismiss pursuant to CPLR 3211 (subd. [a], par. 7), or in the alternative (2) for an order joining Chase Manhattan Bank (Chase), as a party respondent. Both motions are considered together.

Although the order to show cause and affidavit instituting this proceeding do not formally comply with the statutory requirements for a special proceeding (CPLR 402) and the answer was not timely…

2Cases cited11 opinions

  1. Herrmann & Grace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
  2. Herrmann Grace v. . the City of New YorkNew York Court of Appeals · 1910
  3. Warner v. Fourth National BankNew York Court of Appeals · 1889
  4. Sheehy v. Madison Square Garden Corp.New York Court of Appeals · 1934
  5. Ruvolo v. Long Island Rail RoadNew York Supreme Court · 1965

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Vanderbilt Credit Corp. v. Chase Manhattan Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
  2. First Guaranty Bank v. Northwest Georgia BankCourt of Appeals of Georgia · 1992

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API