Legal Opinion
Tauber v. Bankers Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 23, 1999PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Barry Cozier, J.), entered July 24, 1998, which denied plaintiff’s motion to stay enforcement of a money judgment in defendant’s favor, unanimously affirmed, with costs.
Plaintiff’s filing of a bond and a notice of intention to appeal to the Court of Appeals from a nonfinal order of this Court that did not direct the payment of a sum of money (230 AD2d 312, lv dismissed 91 NY2d 887) did not operate to effect an automatic stay pursuant to CPLR 5519 (a) (2) (see, McCain v Koch, 68 NY2d 713). Thereafter, defendant’s counterclaim for attorneys’ fees was…
2Cases cited5 opinions
- Michigan National Bank-Oakland v. American Centennial InsuranceNew York Court of Appeals · 1996
- Klonowski v. Department of FireNew York Court of Appeals · 1983
- Tauber v. Bankers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1997
- McCain v. KochNew York Court of Appeals · 1986
- Liquidation of Union Indemnity Insurance v. American Centennial InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by2 opinions
- Bankers Trust Co. v. National Union Fire Insurance Co. of PittsburghAppellate Division of the Supreme Court of the State of New York · 1999
- Levine v. NeivaAppellate Division of the Supreme Court of the State of New York · 2009