International Fidelity Ins. v. European American Bank

Appellate Division of the Supreme Court of New York

International Fidelity Ins. v. European American Bank

143 A.D.2d 426, 533 N.Y.S.2d 254, 1988 N.Y. App. Div. LEXIS 10942

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

DecidedSeptember 26, 1988

StatusPublished

Cited by1 cases

This text of 143 A.D.2d 426 (International Fidelity Ins. v. European American Bank) 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

International Fidelity Ins. v. European American Bank, 143 A.D.2d 426, 533 N.Y.S.2d 254, 1988 N.Y. App. Div. LEXIS 10942 (N.Y. Ct. App. 1988).

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Opinion

— Motion by the petitioner, inter alia, for reargument of an appeal from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated July 24, 1985, which was decided by decision and order of this court dated April 20, 1987 [129 AD2d 679].

Ordered that the motion is granted to the extent of vacating the last two sentences of the decision and order dated April 20, 1987, and substituting therefor the following: "Moreover, the delay the petitioner encountered in reducing its claim against the debtor to judgment was not due to the appellant’s commencement of its action during pendency of the bankruptcy proceedings.” and it is further,

Ordered that the motion is otherwise denied.

The attorney for the petitioner has provided an explanation for the presence of the address on the copy of the summons which had been used in the initial attempts to serve the debtor. The court accepts this explanation and modifies its decision and order to the extent indicated. Mangano, J. P., Bracken, Eiber and Spatt, JJ., concur.

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— Motion by the petitioner, inter alia, for reargument of an appeal from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated July 24, 1985, which was decided by decision and order of this court dated April 20, 1987 [129 AD2d 679].

Ordered that the motion is granted to the extent of vacating the last two sentences of the decision and order dated April 20, 1987, and substituting therefor the following: "Moreover, the delay the petitioner encountered in reducing its claim against the debtor to judgment was not due to the appellant’s commencement of its action during pendency of the bankruptcy proceedings.” and it is further,

Ordered that the motion is otherwise denied.

The attorney for the petitioner has provided an explanation for the presence of the address on the copy of the summons which had been used in the initial attempts to serve the debtor. The court accepts this explanation and modifies its decision and order to the extent indicated. Mangano, J. P., Bracken, Eiber and Spatt, JJ., concur.

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Bluebook (online)

143 A.D.2d 426, 533 N.Y.S.2d 254, 1988 N.Y. App. Div. LEXIS 10942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-fidelity-ins-v-european-american-bank-nyappdiv-1988.

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