Leaseway-Empire, Inc. v. HAC Farm Lines, Agricultural Cooperative Ass'n

Appellate Division of the Supreme Court of New York

Leaseway-Empire, Inc. v. HAC Farm Lines, Agricultural Cooperative Ass'n

77 A.D.2d 808, 430 N.Y.S.2d 758, 1980 N.Y. App. Div. LEXIS 12577

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

DecidedJuly 10, 1980

StatusPublished

This text of 77 A.D.2d 808 (Leaseway-Empire, Inc. v. HAC Farm Lines, Agricultural Cooperative Ass'n) 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

Leaseway-Empire, Inc. v. HAC Farm Lines, Agricultural Cooperative Ass'n, 77 A.D.2d 808, 430 N.Y.S.2d 758, 1980 N.Y. App. Div. LEXIS 12577 (N.Y. Ct. App. 1980).

Pincite

Opinion

Order unanimously af-

firmed, with costs. Memorandum: On March 28, 1975 plaintiff obtained a New York judgment against defendant fot the sum of $3,565.30. Thereafter, plaintiff initiated a suit on the judgment in New Jersey and the parties settled the action pending trial for $1,500. Defendant eventually paid the settlement in full after judgment and execution. Subsequently,, plaintiff discovered assets of defendant in New York and tried to satisfy the original New York'judgment by levying on them. On these facts, defendant moved at Special Term to have the judgment satisfied of record (see CPLR 5021). Special Term granted the motion and we affirm. In the absence of allegations in the moving papers indicating evidence dehors the stipulation of settlement which will shed some light on the intent of the parties in executing it and whether or not they intended to discharge the New York obligation, we construe the instrument against the party drafting it. (Appeal from order of Onondaga Supreme Court—satisfaction of judgment.) Present —Simons, J. P., Hancock, Jr., Schnepp, Doerr and Witmer, JJ.

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Order unanimously af-

firmed, with costs. Memorandum: On March 28, 1975 plaintiff obtained a New York judgment against defendant fot the sum of $3,565.30. Thereafter, plaintiff initiated a suit on the judgment in New Jersey and the parties settled the action pending trial for $1,500. Defendant eventually paid the settlement in full after judgment and execution. Subsequently,, plaintiff discovered assets of defendant in New York and tried to satisfy the original New York'judgment by levying on them. On these facts, defendant moved at Special Term to have the judgment satisfied of record (see CPLR 5021). Special Term granted the motion and we affirm. In the absence of allegations in the moving papers indicating evidence dehors the stipulation of settlement which will shed some light on the intent of the parties in executing it and whether or not they intended to discharge the New York obligation, we construe the instrument against the party drafting it. (Appeal from order of Onondaga Supreme Court—satisfaction of judgment.) Present —Simons, J. P., Hancock, Jr., Schnepp, Doerr and Witmer, JJ.

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Bluebook (online)

77 A.D.2d 808, 430 N.Y.S.2d 758, 1980 N.Y. App. Div. LEXIS 12577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leaseway-empire-inc-v-hac-farm-lines-agricultural-cooperative-assn-nyappdiv-1980.