Cant v. Mundet Cork Corp.

Appellate Division of the Supreme Court of New York

Cant v. Mundet Cork Corp.

17 A.D.2d 619, 1962 N.Y. App. Div. LEXIS 8534

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

DecidedJuly 10, 1962

StatusPublished

This text of 17 A.D.2d 619 (Cant v. Mundet Cork Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cant v. Mundet Cork Corp., 17 A.D.2d 619, 1962 N.Y. App. Div. LEXIS 8534 (N.Y. Ct. App. 1962).

Pincite

Opinion

— Order entered on May 1, 1962, denying a stay of the prosecution of this action pending the determination of a prior action in the United States District Court for the Southern District of New York entitled Mundet Cork Corp. v. Birrell, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion therefor granted, with leave to plaintiff to move for a vacatur of said stay in the event the prior action in the Federal court is not advanced for trial with reasonable speed. The trial of the instant case may become unnecessary if defendant Mundet Cork Corporation prevails in the cause pending in the United States District Court. In the complex of litigation it is evident that the action in the Federal court is the principal one. Concur—Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

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— Order entered on May 1, 1962, denying a stay of the prosecution of this action pending the determination of a prior action in the United States District Court for the Southern District of New York entitled Mundet Cork Corp. v. Birrell, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion therefor granted, with leave to plaintiff to move for a vacatur of said stay in the event the prior action in the Federal court is not advanced for trial with reasonable speed. The trial of the instant case may become unnecessary if defendant Mundet Cork Corporation prevails in the cause pending in the United States District Court. In the complex of litigation it is evident that the action in the Federal court is the principal one. Concur—Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

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Bluebook (online)

17 A.D.2d 619, 1962 N.Y. App. Div. LEXIS 8534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cant-v-mundet-cork-corp-nyappdiv-1962.