Mestel & Co. v. Smythe Masterson & Judd, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered May 31, 1994, which, after a non-jury trial, dismissed plaintiffs amended complaint in its entirety, and which granted judgment in favor of defendant Smythe Masterson & Judd ("defendant Smythe”) as against defendant Kirkland & Ellis ("K&E”) on its interpleader cross-claim in the sum of $259,530, together with interest thereon from June 1, 1991, unanimously affirmed, without costs.
In a nonjury trial, the decision of the fact-finding court should not be disturbed on appeal unless the court’s conclusions could not have been…
2Cases cited4 opinions
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- In re Terry D.New York Court of Appeals · 1993
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- Barrister Referrals, Ltd. v. Windels, Marx, Davies & IvesAppellate Division of the Supreme Court of the State of New York · 1991
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- In re Bernard C.New York City Family Court · 1996
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