Landau v. Cosentino

Appellate Division of the Supreme Court of New York

Landau v. Cosentino

213 A.D.2d 456, 624 N.Y.S.2d 890, 1995 N.Y. App. Div. LEXIS 2646

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

DecidedMarch 13, 1995

StatusPublished

This text of 213 A.D.2d 456 (Landau v. Cosentino) 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

Landau v. Cosentino, 213 A.D.2d 456, 624 N.Y.S.2d 890, 1995 N.Y. App. Div. LEXIS 2646 (N.Y. Ct. App. 1995).

Pincite

Opinion

—In an action to enforce a judgment against interpleaded funds on deposit with the Commissioner of Finance of the County of Westchester, the defendant Etrusca Cosentino appeals from (1) an order of the Supreme Court, Westchester County (Donovan, J.), entered April 2, 1993, which, inter alia, granted the plaintiffs’ cross motion for an order of attachment and denied her motion for an order directing the Commissioner of Finance of the County of Westchester to pay the bulk, of the interpleaded funds to her, and (2) an order of the same court, entered April 7, 1993, which directed the Commissioner of Finance of the County of Westchester to release to the plaintiffs the sum of $300,917.51.

Ordered that the orders are affirmed, with one bill of costs payable to the respondents.

The defendant withdrew the affirmative defense of lack of [457]*457personal jurisdiction from her answer to the complaint, and thus, has waived her right to raise this issue on appeal.

The defendant’s remaining contentions are meritless. Santucci, J. P., Joy, Friedmann and Florio, JJ., concur.

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—In an action to enforce a judgment against interpleaded funds on deposit with the Commissioner of Finance of the County of Westchester, the defendant Etrusca Cosentino appeals from (1) an order of the Supreme Court, Westchester County (Donovan, J.), entered April 2, 1993, which, inter alia, granted the plaintiffs’ cross motion for an order of attachment and denied her motion for an order directing the Commissioner of Finance of the County of Westchester to pay the bulk, of the interpleaded funds to her, and (2) an order of the same court, entered April 7, 1993, which directed the Commissioner of Finance of the County of Westchester to release to the plaintiffs the sum of $300,917.51.

Ordered that the orders are affirmed, with one bill of costs payable to the respondents.

The defendant withdrew the affirmative defense of lack of [457]*457personal jurisdiction from her answer to the complaint, and thus, has waived her right to raise this issue on appeal.

The defendant’s remaining contentions are meritless. Santucci, J. P., Joy, Friedmann and Florio, JJ., concur.

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Bluebook (online)

213 A.D.2d 456, 624 N.Y.S.2d 890, 1995 N.Y. App. Div. LEXIS 2646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landau-v-cosentino-nyappdiv-1995.