First National City Bank v. Valentine

Appellate Division of the Supreme Court of New York

First National City Bank v. Valentine

34 A.D.2d 620, 1970 N.Y. App. Div. LEXIS 5558

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

DecidedFebruary 11, 1970

StatusPublished

This text of 34 A.D.2d 620 (First National City Bank v. Valentine) 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

First National City Bank v. Valentine, 34 A.D.2d 620, 1970 N.Y. App. Div. LEXIS 5558 (N.Y. Ct. App. 1970).

Pincite

Opinion

Motion by appellants-respondents (defendants Valentine) to stay the trial of the action, pending their appeal from an order of the Supreme Court, Nassau County, dated November 20, 1969. Motion granted, unless plaintiff, on or before February 16, 1970, serves and flies in this court a written consent, in accordance with the written offer in the affidavit in opposition to this motion, (1) to vacatur of so much of said order as struck out the first defense in the Valentine defendants’ answer to the extent that it pleads lack of consideration and (2) to withdraw its cross appeal from said order, all with reservation of right to it and the Valentine defendants to raise, upon appeal from final determination of the action, the issues which they could have raised upon their respective appeals from said order. In the event plaintiff so stipulates, motion for stay denied. Christ, Acting P. J., Rabin. Hopkins, Munder and Brennan, JJ., concur.

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Motion by appellants-respondents (defendants Valentine) to stay the trial of the action, pending their appeal from an order of the Supreme Court, Nassau County, dated November 20, 1969. Motion granted, unless plaintiff, on or before February 16, 1970, serves and flies in this court a written consent, in accordance with the written offer in the affidavit in opposition to this motion, (1) to vacatur of so much of said order as struck out the first defense in the Valentine defendants’ answer to the extent that it pleads lack of consideration and (2) to withdraw its cross appeal from said order, all with reservation of right to it and the Valentine defendants to raise, upon appeal from final determination of the action, the issues which they could have raised upon their respective appeals from said order. In the event plaintiff so stipulates, motion for stay denied. Christ, Acting P. J., Rabin. Hopkins, Munder and Brennan, JJ., concur.

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Bluebook (online)

34 A.D.2d 620, 1970 N.Y. App. Div. LEXIS 5558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-city-bank-v-valentine-nyappdiv-1970.