Legal Opinion
Kay Lewis Enterprises v. "Lewis-Marshall Joint Venture"
New York Supreme Court
Decided May 21, 1969PublishedCited by 5 opinions
1Opinion of the CourtIrwin D. Davidson, J.
Defendants William Marshall Productions have obtained judgment against plaintiff on a counterclaim in the amount of $25,000 plus interest from May 15, 1964. Plaintiff has tendered a check to defendants in the amount of $32,438.35 which includes principal plus interest computed at the rate of 6% per annum. Defendant has refused this tender and plaintiff now moves for an order compelling acceptance.
Defendants allege that acceptance of the tender may waive its right to appeal. Defendant has filed a notice of appeal but states that it is not appealing from that part of the judgment under question…
2Cases cited4 opinions
- Ferris v. . HardNew York Court of Appeals · 1892
- Jamaica Savings Bank v. GiacomantonioNew York Supreme Court · 1969
- Dime Savings Bank v. CarlozzoNew York Supreme Court · 1969
- Mintz v. Prudential Insurance Co. of AmericaNew York Supreme Court · 1963
3Cited by5 opinions
- Rock Transport Properties Corp. v. Hartford Fire InsuranceDistrict Court, S.D. New York · 1970
- Affiliated Credit Adjustors, Inc. v. Carlucci & LegumAppellate Division of the Supreme Court of the State of New York · 1988
- Gelco Builders v. Simpson Factors Corp.Appellate Division of the Supreme Court of the State of New York · 1969
- Kaufman v. CHASE MANHATTAN BANK, NATIONAL ASS'NDistrict Court, S.D. New York · 1974
- Two Clinton Square Corp. v. Computerized Recovery Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1981