Legal Opinion · Dissent

Key International Manufacturing, Inc. v. Stillman

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

Decided October 15, 1984Published

1Dissent

Rubin, J. (dissenting).

I disagree with my learned brethrens’ conclusion that the instant case is not one of those “rare cases” where an agreement providing for the acceleration of the entire debt upon default of the obligor may be denied by utilization of equitable principles. In my opinion, the facts justify equitable intervention to prevent a forfeiture of credit. Accordingly, I dissent and vote to affirm the order of Special Term insofar as appealed from.

In Fifty States Mgt. Corp. v Pioneer Auto Parks (46 NY2d 573) the Court of Appeals was confronted with the question of when equity should…

2Cases cited18 opinions

J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
Graf v. Hope Building Corp.New York Court of Appeals · 1930
Fifty States Management Corp. v. Pioneer Auto Parks, Inc.New York Court of Appeals · 1979
Thompson v. . SimpsonNew York Court of Appeals · 1891
Noyes v. . AndersonNew York Court of Appeals · 1891

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