Mosberg v. National Property Analyst, Inc.
Appellate Division of the Supreme Court of the State of New York
1DissentRubin, J.
At issue in this action is the interpretation of a stipulation incorporated into the order entered in settlement of a Federal class action lawsuit. This appeal raises a question regarding the extent to which a State court may presume to adjudicate an issue that should properly be addressed to the court in which the subject order was entered. Because the majority choose to ignore rulings by the Federal court regarding the scope of the settlement order, which are at considerable variance with their own assessment, I respectfully dissent and would, at the least, dismiss the action without…
2Cases cited13 opinions
- Pennsylvania v. WilliamsSupreme Court of the United States · 1935
- Mangini v. McClurgNew York Court of Appeals · 1969
- O'BRIEN v. National Property Analysts PartnersDistrict Court, S.D. New York · 1989
- Metropolitan Life Insurance v. Noble Lowndes International, Inc.New York Court of Appeals · 1994
- West, Weir & Bartel, Inc. v. Mary Carter Paint Co.New York Court of Appeals · 1969
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