Suffolk Auto Liquidators, Inc. v. Eastern Auto Auction, Inc.
New York Supreme Court
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
- Herrmann & Grace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Herrmann Grace v. . the City of New YorkNew York Court of Appeals · 1910
- Warner v. Fourth National BankNew York Court of Appeals · 1889
- Sheehy v. Madison Square Garden Corp.New York Court of Appeals · 1934
- Ruvolo v. Long Island Rail RoadNew York Supreme Court · 1965
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3Cited by2 opinions
- Vanderbilt Credit Corp. v. Chase Manhattan Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
- First Guaranty Bank v. Northwest Georgia BankCourt of Appeals of Georgia · 1992