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Alec Peters Associates Inc. v. Roberts

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 1998
249 A.D.2d 219 (N.Y. App. Div. 1998)

Opinion

April 28, 1998

Appeal from the Supreme Court, New York County (Sheila Abdus-Salaam, J.).


The IAS Court properly exercised its discretion in staying execution of the judgment on the note. Since the sum defendant seeks to recover from plaintiffs in his counterclaims is greater than the amount due under the note and there was evidence before the court that one of the plaintiffs may be insolvent and that the employment relationship upon which defendant's counterclaims are premised may have been between defendant and only one of the two plaintiff entities, staying execution of the judgment was a reasonable means of preventing financial prejudice to defendant in the event he prevails upon his counterclaims ( see, Levy v. Renck, 137 A.D.2d 464).

Concur — Sullivan, J.P., Rosenberger, Nardelli, Rubin and Andrias, JJ.


Summaries of

Alec Peters Associates Inc. v. Roberts

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 1998
249 A.D.2d 219 (N.Y. App. Div. 1998)
Case details for

Alec Peters Associates Inc. v. Roberts

Case Details

Full title:ALEC PETERS ASSOCIATES INC. et al., Appellants, v. CORY C. ROBERTS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 28, 1998

Citations

249 A.D.2d 219 (N.Y. App. Div. 1998)
671 N.Y.S.2d 258

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