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Matter of Ehrlich v. Island Plus Agency, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 691 (N.Y. App. Div. 1996)

Opinion

February 26, 1996

Appeal from the Supreme Court, Kings County (Vaccaro, J.).


Ordered that the order is affirmed, with costs.

In a prior decision and order, this Court, inter alia, reversed so much of a judgment of the Supreme Court, Kings County, dated November 16, 1992, as was in favor of the respondents and against the appellants in the principal sum of $75,000 and remitted the matter for a trial (see, Ehrlich v. Island Plus Agency, 205 A.D.2d 579). During the pendency of that appeal, however, the appellants did not obtain a stay pursuant to CPLR 5519, and the $75,000 was delivered to the respondents from escrow. The appellants subsequently moved, pursuant to CPLR 5225 (b), for an order requiring the respondents to return the $75,000 claiming that this Court's order in the prior appeal returned the parties to their original status. As the respondents contend, however, a proceeding pursuant to CPLR 5225 (b) is an inappropriate procedure for obtaining a return of the money since there is no judgment in favor of the appellants for $75,000 (see, CPLR 5225 [b]). Therefore, the Supreme Court properly denied the appellants' application. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Matter of Ehrlich v. Island Plus Agency, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 691 (N.Y. App. Div. 1996)
Case details for

Matter of Ehrlich v. Island Plus Agency, Inc.

Case Details

Full title:In the Matter of MARTIN EHRLICH et al., Respondents, v. ISLAND PLUS…

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

Date published: Feb 26, 1996

Citations

224 A.D.2d 691 (N.Y. App. Div. 1996)
638 N.Y.S.2d 714