Legal Opinion

In re the Arbitration between Cooper & U.S. Petroleum Corp.

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

Decided February 4, 1992Published

1Opinion of the Court

Order, Supreme Court, New York County (William J. Davis, J.), entered July 30, 1991, which denied petitioner’s motion to *422hold respondent in contempt, unanimously affirmed, without costs.

We agree with the IAS court that the evidence does not demonstrate that the transactions between respondent and its subsidiary were intended to, or actually did, prejudice petitioner’s rights. Moreover, when respondent filed security against the judgment, the automatic stay of CPLR 5519 effectively terminated the restraining notice (see, Silbert v Silbert, 25 AD2d 570; 6 Weinstein-Korn-Miller, NY Civ Prac ¶…

2Cases cited1 opinion

  1. Silbert v. SilbertAppellate Division of the Supreme Court of the State of New York · 1966

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