Lasker-Goldman Corp. v. Barnard College

Appellate Division of the Supreme Court of New York

Lasker-Goldman Corp. v. Barnard College

48 A.D.2d 811, 369 N.Y.S.2d 417, 1975 N.Y. App. Div. LEXIS 10010

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

DecidedJune 24, 1975

StatusPublished

This text of 48 A.D.2d 811 (Lasker-Goldman Corp. v. Barnard College) 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

Lasker-Goldman Corp. v. Barnard College, 48 A.D.2d 811, 369 N.Y.S.2d 417, 1975 N.Y. App. Div. LEXIS 10010 (N.Y. Ct. App. 1975).

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Opinion

Order, Supreme Court, New York County, entered on May 30, 1974, and judgment pursuant thereto entered June 3, 1974, granting plaintiff-respondent partial summary judgment and denying defendant-appellant leave to amend its answer and order, Supreme Court, New York County, entered August 5, 1974, unanimously modified in the exercise of discretion as set forth below; without costs and without disbursements, and otherwise affirmed. During oral argument counsel agreed that the pending separate and independent action brought by defendant, which is predicated on the very facts which constitute the basis for the counterclaims defendant sought to interpose, should be consolidated with the action herein and that plaintiff would withdraw its opposition to consolidation to the extent that opposition is grounded on res judicata. Since the issues in the independent action are inseparable from the plaintiff’s causes of action, execution on plaintiff’s judgment will be stayed pending resolution of the defendant’s causes of action on condition that defendant furnishes an undertaldng securing payment of plaintiff’s judgment. (Dalminter, Inc. v Dalmine, S.p.A., 29 AD2d 852; see, also, Ives v Base Lodge, 46 AD2d 622.) Settle order on notice. Concur—Markewich, J. P., Lupiano, Capozzoli, Nunez and Yesawich, JJ.

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Order, Supreme Court, New York County, entered on May 30, 1974, and judgment pursuant thereto entered June 3, 1974, granting plaintiff-respondent partial summary judgment and denying defendant-appellant leave to amend its answer and order, Supreme Court, New York County, entered August 5, 1974, unanimously modified in the exercise of discretion as set forth below; without costs and without disbursements, and otherwise affirmed. During oral argument counsel agreed that the pending separate and independent action brought by defendant, which is predicated on the very facts which constitute the basis for the counterclaims defendant sought to interpose, should be consolidated with the action herein and that plaintiff would withdraw its opposition to consolidation to the extent that opposition is grounded on res judicata. Since the issues in the independent action are inseparable from the plaintiff’s causes of action, execution on plaintiff’s judgment will be stayed pending resolution of the defendant’s causes of action on condition that defendant furnishes an undertaldng securing payment of plaintiff’s judgment. (Dalminter, Inc. v Dalmine, S.p.A., 29 AD2d 852; see, also, Ives v Base Lodge, 46 AD2d 622.) Settle order on notice. Concur—Markewich, J. P., Lupiano, Capozzoli, Nunez and Yesawich, JJ.

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Bluebook (online)

48 A.D.2d 811, 369 N.Y.S.2d 417, 1975 N.Y. App. Div. LEXIS 10010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lasker-goldman-corp-v-barnard-college-nyappdiv-1975.

Opinion

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