Legal Opinion

Capital Heat, Inc. v. Michael R. Blatner Family Trust

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 2009Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered April 1, 2008. The order, insofar as appealed from, granted the motion of plaintiff for partial summary judgment against defendant Michael R. Blatner Family Trust.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, plaintiffs motion is denied and those parts of the fourth and fifth ordering paragraphs with respect to plaintiff are vacated.

Memorandum: Interpleader defendant, Deborah A. Blatner, appeals from an order that, inter alia, granted plaintiffs…

2Cases cited6 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. In re the Estate of RothkoNew York Court of Appeals · 1977
  3. Birnbaum v. BirnbaumNew York Court of Appeals · 1989
  4. Mercury Bay Boating Club Inc. v. San Diego Yacht ClubNew York Court of Appeals · 1990
  5. Albright v. Jefferson County National BankNew York Court of Appeals · 1944

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