Murnane Associates, Inc. v. Harrison Garage Parking Corp.

Appellate Division of the Supreme Court of New York

Murnane Associates, Inc. v. Harrison Garage Parking Corp.

217 A.D.2d 1003, 630 N.Y.S.2d 187, 1995 N.Y. App. Div. LEXIS 8441

Appellate Division of the Supreme Court of the State of New York·Decided July 14, 1995·Published·Cited by 1 cases

Opinion

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff’s motion to restore this matter to the calendar. The automatic stay pursuant to section 362 (a) (1) of the Bankruptcy Code (11 USC § 362 [a] [1]) does not apply to non-debtor defendants (Central Buffalo Project Corp. v Edison Bros. Stores, 205 AD2d 295, 297). Although an exception has been recognized when the bankrupt is obligated to indemnify a non-debtor defendant (see, e.g., Robins Co. v Piccinin, 788 F2d 994, 999, cert denied 479 US 876), the City of Syracuse has failed to show that such circumstance exists here. (Appeal from Order of Supreme Court, Onondaga County, Hayes, J.—Restore to Calendar.) Present—Denman, P. J., Pine, Fallon, Callahan and Balio, JJ.

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Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff’s motion to restore this matter to the calendar. The automatic stay pursuant to section 362 (a) (1) of the Bankruptcy Code (11 USC § 362 [a] [1]) does not apply to non-debtor defendants (Central Buffalo Project Corp. v Edison Bros. Stores, 205 AD2d 295, 297). Although an exception has been recognized when the bankrupt is obligated to indemnify a non-debtor defendant (see, e.g., Robins Co. v Piccinin, 788 F2d 994, 999, cert denied 479 US 876), the City of Syracuse has failed to show that such circumstance exists here. (Appeal from Order of Supreme Court, Onondaga County, Hayes, J.—Restore to Calendar.) Present—Denman, P. J., Pine, Fallon, Callahan and Balio, JJ.

Murnane Associates, Inc. v. Harrison Garage Parking Corp., 217 A.D.2d 1003, 630 N.Y.S.2d 187, 1995 N.Y. App. Div. LEXIS 8441 (N.Y. Ct. App. 1995).

Pincite

217 A.D.2d 1003 (Murnane Associates, Inc. v. Harrison Garage Parking Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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