Marine Midland Bank v. Stukey

Full title: MARINE MIDLAND BANK, Respondent, v. EDWIN J. STUKEY et al., Appellants

Court: Court of Appeals of the State of New York

Date published: Nov 17, 1981

430 N.E.2d 1318 (N.Y. 1981)

430 N.E.2d 1318

446 N.Y.S.2d 265

Opinion

Argued October 13, 1981

Decided November 17, 1981

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RICHARD ARONSON, J.

Waddie N. Kalil for appellants.

David C. Grow for respondent.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 75 A.D.2d 713). So far as the stay of execution of the judgment pending disposition of the counterclaims is concerned, under all the circumstances, we cannot say that its grant by the Appellate Division was an abuse of discretion as a matter of law (see Chrysler Corp. v Fedders Corp., 51 N.Y.2d 953, 955).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.