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Wells Fargo Bank Int'l v. Binabdulaziz

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 945 (N.Y. App. Div. 1983)

Opinion

November 4, 1983

Appeal from the Supreme Court, Onondaga County, Lynch, J.

Present — Dillon, P.J., Doerr, Denman, O'Donnell and Schnepp, JJ.


Order reversed, without costs, all concur, O'Donnell, J., not participating, and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with the following memorandum: The record on appeal contains a transcript of a deposition which was not before Special Term but which contains evidence that is both relevant and important to a determination of petitioner's motion to vacate the order of attachment. Although the parties have stipulated to the correctness of the record pursuant to CPLR 5532, we have decided, in the exercise of discretion, not to consider this evidence. Nevertheless, in the interest of justice, plaintiff should be afforded an opportunity to present such proof in opposition to the motion ( Murrer v Stoltz, 23 A.D.2d 810).


Summaries of

Wells Fargo Bank Int'l v. Binabdulaziz

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 945 (N.Y. App. Div. 1983)
Case details for

Wells Fargo Bank Int'l v. Binabdulaziz

Case Details

Full title:WELLS FARGO BANK INTERNATIONAL, Appellant, v. TALAL B.B. BINABDULAZIZ…

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

Date published: Nov 4, 1983

Citations

97 A.D.2d 945 (N.Y. App. Div. 1983)