Goldberg v. Schwartz

Appellate Division of the Supreme Court of New York

Goldberg v. Schwartz

55 A.D.2d 933, 390 N.Y.S.2d 1015, 1977 N.Y. App. Div. LEXIS 10196

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

DecidedJanuary 24, 1977

StatusPublished

This text of 55 A.D.2d 933 (Goldberg v. Schwartz) 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

Goldberg v. Schwartz, 55 A.D.2d 933, 390 N.Y.S.2d 1015, 1977 N.Y. App. Div. LEXIS 10196 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a proceeding to confirm an arbitration award, the appeal is from a judgment of the Supreme Court, Queens County, dated November 25, 1975, which, inter alia, confirmed the arbitrators’ award and directed appellant to pay petitioner the sum of $485,059.95. Judgment affirmed, with $50 costs and disbursements, on the opinion of Mr. Justice Lerner at Special Term. In view of all of the circumstances, however, and in the exercise of our discretion, execution upon the judgment, to the extent of $82,167.50 awarded pursuant to paragraph 1 B of the arbitrators’ award is stayed for 120 days in order to enable appellant to litigate his claim for indemnity in a court of competent jurisdiction, and without prejudice to the appellant’s right to apply to the court in which such an action is instituted for a further stay, the grant or denial of which is a matter for the exercise of discretion by that court in the light of the facts as they then appear. Cohalan, Acting P. J., Rabin, Shapiro and O’Connor, JJ., concur.

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In a proceeding to confirm an arbitration award, the appeal is from a judgment of the Supreme Court, Queens County, dated November 25, 1975, which, inter alia, confirmed the arbitrators’ award and directed appellant to pay petitioner the sum of $485,059.95. Judgment affirmed, with $50 costs and disbursements, on the opinion of Mr. Justice Lerner at Special Term. In view of all of the circumstances, however, and in the exercise of our discretion, execution upon the judgment, to the extent of $82,167.50 awarded pursuant to paragraph 1 B of the arbitrators’ award is stayed for 120 days in order to enable appellant to litigate his claim for indemnity in a court of competent jurisdiction, and without prejudice to the appellant’s right to apply to the court in which such an action is instituted for a further stay, the grant or denial of which is a matter for the exercise of discretion by that court in the light of the facts as they then appear. Cohalan, Acting P. J., Rabin, Shapiro and O’Connor, JJ., concur.

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Bluebook (online)

55 A.D.2d 933, 390 N.Y.S.2d 1015, 1977 N.Y. App. Div. LEXIS 10196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldberg-v-schwartz-nyappdiv-1977.