Legal Opinion

Congress Factors Corp. v. Meinhard Commercial Corp.

New York Supreme Court

Decided July 17, 1985PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Rose L. Rubin, J.

In this action to enforce a payment guarantee between plaintiff and defendant, defendant moves to dismiss the complaint pursuant to CPLR 3211 (a) (10) for failure to join necessary parties, or, in the alternative, for a stay of this action pursuant to CPLR 2201. The issue raises important questions, particularly since adjudication of commercial obligations in a speedy and certain fashion is a hallmark of New York’s central position as a leader in matters of commercial law.

i

Both plaintiff and defendant are factors. Pursuant to a factoring agreement entered…

2Cases cited12 opinions

  1. Castaways Motel v. SchuylerNew York Court of Appeals · 1969
  2. Walcutt v. Clevite Corp.New York Court of Appeals · 1963
  3. American Trading Co. v. FishNew York Court of Appeals · 1977
  4. Shire Realty Corp. v. SchorrAppellate Division of the Supreme Court of the State of New York · 1977
  5. Hope's Windows v. Albro Metal Products Corp.Appellate Division of the Supreme Court of the State of New York · 1983

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3Cited by1 opinion

  1. Graphics Leasing v. National Westminster BankMassachusetts Superior Court · 1994

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