Church Mutual Insurance v. People

Appellate Division of the Supreme Court of New York

Church Mutual Insurance v. People

251 A.D.2d 1014, 674 N.Y.S.2d 201, 1998 N.Y. App. Div. LEXIS 7036

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

DecidedJune 10, 1998

StatusPublished

Cited by227 cases

This text of 251 A.D.2d 1014 (Church Mutual Insurance v. People) 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

Church Mutual Insurance v. People, 251 A.D.2d 1014, 674 N.Y.S.2d 201, 1998 N.Y. App. Div. LEXIS 7036 (N.Y. Ct. App. 1998).

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Opinion

—Order unanimously reversed on the law with costs, motion granted and order vacated. Memorandum: County Court erred in denying the motion of Kingdom Evangelism Ministries, Inc., and Scott Kear, its president (respondents), to vacate an order staying execution of an order of Buffalo City Court and restraining respondents from selling, transferring, mortgaging or otherwise encumbering their property at 341 Delaware Avenue in the City of Buffalo. Petitioner’s application for a stay of the City Court order was improperly granted in the first instance. That application should have been made to Buffalo City Court (see, Spanro Indus, v Feit, 42 AD2d 616; Thorne v Thorne, 203 App Div 786, 787; see also, Matter of Modernismo Pubis, v Tenney, 104 AD2d 721; Safer v Cohl, 95 AD2d 933, 934). Injunctive relief was also improperly granted against respondents in the first instance. There is no pending action to support that relief (see, CPLR 6301; Uniformed Firefighters Assn. v City of New York, 79 NY2d 236, 239; Tribune Print. Co. v 263 Ninth Ave. Realty, 88 AD2d 877, 879, affd 57 NY2d 1038). (Appeal from Order of Erie County Court, D’Amico, J. — Vacate Order.) Present — Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.

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—Order unanimously reversed on the law with costs, motion granted and order vacated. Memorandum: County Court erred in denying the motion of Kingdom Evangelism Ministries, Inc., and Scott Kear, its president (respondents), to vacate an order staying execution of an order of Buffalo City Court and restraining respondents from selling, transferring, mortgaging or otherwise encumbering their property at 341 Delaware Avenue in the City of Buffalo. Petitioner’s application for a stay of the City Court order was improperly granted in the first instance. That application should have been made to Buffalo City Court (see, Spanro Indus, v Feit, 42 AD2d 616; Thorne v Thorne, 203 App Div 786, 787; see also, Matter of Modernismo Pubis, v Tenney, 104 AD2d 721; Safer v Cohl, 95 AD2d 933, 934). Injunctive relief was also improperly granted against respondents in the first instance. There is no pending action to support that relief (see, CPLR 6301; Uniformed Firefighters Assn. v City of New York, 79 NY2d 236, 239; Tribune Print. Co. v 263 Ninth Ave. Realty, 88 AD2d 877, 879, affd 57 NY2d 1038). (Appeal from Order of Erie County Court, D’Amico, J. — Vacate Order.) Present — Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.

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Bluebook (online)

251 A.D.2d 1014, 674 N.Y.S.2d 201, 1998 N.Y. App. Div. LEXIS 7036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-mutual-insurance-v-people-nyappdiv-1998.

Opinion

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