Legal Opinion
Straisa Realty Corp. v. Woodbury Associates
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 1993PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Miller, J.
The principal issue presented by this appeal is whether an interlocutory order of the Appellate Division, vacating a preliminary injunction, is a final order within the meaning of CPLR 6312 (b) so that the defendant is entitled to summary ascertainment of damages on the undertaking posted by the plaintiff, where the underlying action, inter alia, for equitable relief, has not yet been decided. For the reasons that follow, we hold that such an order is not "final” within the meaning of the aforementioned statute.
The defendant Woodbury Associates (hereinafter…
2Cases cited9 opinions
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Margolies v. Encounter, Inc.New York Court of Appeals · 1977
- Methodist Churches of New York v. . BarkerNew York Court of Appeals · 1858
- Honeywell, Inc. v. Technical Building Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- New York Security & Trust Co. v. LipmanNew York Supreme Court · 1895
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3Cited by4 opinions
- Blueberries Gourmet, Inc. v. Aris Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Clover Street Associates v. NilssonAppellate Division of the Supreme Court of the State of New York · 1997
- 2339 Empire Management, LLC v. 2329 Nostrand Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Lynn v. Sterling National BankAppellate Division of the Supreme Court of the State of New York · 2017