Legal Opinion
Avalon East, Inc. v. Monaghan
New York Supreme Court
Decided June 19, 1964PublishedCited by 8 opinions
1Opinion of the CourtAbraham N. Geller, J.
In opposition to the motion to enforce the judgment or order against him by punishing him for a contempt of court, respondent has cross-moved to dismiss the proceedings as being void in law and has also by order to show cause requested leave to reargue petitioner’s original application for relief upon the ground that the special proceeding instituted therefor is void in law.
Respondent’s contention is that the court has no jurisdiction or power to grant relief sought in a special proceeding to compel an eserowee to turn over escrow funds received by him but that a plenary suit is essential as…
2Cases cited6 opinions
- Farago v. BurkeNew York Court of Appeals · 1933
- Stanton v. . MillerNew York Court of Appeals · 1874
- Bardach v. Chain Bakers, Inc.Appellate Division of the Supreme Court of the State of New York · 1942
- Mechanics' National Bank of Providence v. JonesAppellate Division of the Supreme Court of the State of New York · 1902
- Mechanics' National Bank of Providence v. . JonesNew York Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. Commonwealth National BankSupreme Court of Pennsylvania · 1989
- National Union Fire Insurance v. Proskauer Rose Goetz & MendelsohnNew York Supreme Court · 1994
- Doran v. Treiling (In Re Treiling)United States Bankruptcy Court, E.D. New York · 1982
- Tierney v. Savings & Loan Ass'nCivil Court of the City of New York · 1974
- Ray v. McDowellCivil Court of the City of New York · 1989
3 more not listed; retrieve them via the Exa API.