Legal Opinion
Rattner & Associates v. Sears, Roebuck & Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 2002PublishedCited by 9 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Rockland County (Sherwood, J.), dated June 14, 2001, as granted that branch of the defendant’s motion which was for a preliminary injunction directing the plaintiff to turn over certain funds in its possession.
Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.
The Supreme Court had no authority pursuant to CPLR 6301 to order the turn over of disputed funds. The purpose of CPLR 6301 is to preserve the status…
2Cases cited4 opinions
- W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
- Aetna Insurance v. CapassoNew York Court of Appeals · 1990
- Peterson v. CorbinAppellate Division of the Supreme Court of the State of New York · 2000
- Hicksville Properties, L. L. C. v. WollenhauptAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by9 opinions
- Ying Fung Moy v. Hohi UmekiAppellate Division of the Supreme Court of the State of New York · 2004
- First Franklin Square Associates, LLC v. Franklin Square Property AccountAppellate Division of the Supreme Court of the State of New York · 2005
- Coinmach Corp. v. Alley Pond Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Schweizer v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2005
- Alexandru v. PappasAppellate Division of the Supreme Court of the State of New York · 2009
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