Sarafian v. United States Fidelity & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sumpad H. Sarafian, from a determination of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 7th day of December, 1914, affirming a judgment of the Municipal Court of the City of New York, borough of Manhattan, seventh district, and also from the judgment of the Municipal Court herein.
1Opinion of the Court
Scott, J.:
The action is upon an undertaking given by a plaintiff in an action in the Supreme Court to secure to the defendants in that action such damages, not exceeding $250, as they might sustain by reason of an injunction issued in said action, if the court finally decided that the plaintiff was not entitled thereto; such damages to be ascertained and determined by the court, or by a referee appointed by the court, or by a writ of inquiry or otherwise as the court shall direct.
It was finally decided by the Supreme Court that the plaintiff had not been entitled to the injunction; by…
2Cases cited4 opinions
- Lawton v. . GreenNew York Court of Appeals · 1876
- Brooks v. Racich Asbestos Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Harrison v. HarrisonNew York Supreme Court · 1894
- Harrison v. Hind & Harrison Plush Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Olesen v. Fidelity & Deposit Co. of MarylandCity of New York Municipal Court · 1932
- Bausch & Lomb Inc. v. Hydron Pacific, Ltd.New York Supreme Court · 1975
- Croghan v. StamblerAppellate Division of the Supreme Court of the State of New York · 1929