Trust v. Capalino

Appellate Division of the Supreme Court of New York

Trust v. Capalino

104 A.D.2d 802, 480 N.Y.S.2d 880, 1984 N.Y. App. Div. LEXIS 20297

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

DecidedOctober 1, 1984

StatusPublished

Cited by1 cases

This text of 104 A.D.2d 802 (Trust v. Capalino) 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

Trust v. Capalino, 104 A.D.2d 802, 480 N.Y.S.2d 880, 1984 N.Y. App. Div. LEXIS 20297 (N.Y. Ct. App. 1984).

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Opinion

— Motion by petitioner for an order (1) setting aside a public auction sale of the leasehold of the subject property, which public auction was held by respondent on August 15, 1984, and (2) adjudicating respondent and its agents in contempt of court for holding the auction in violation of a stay that had been granted by this court pending petitioner’s appeal in the above-entitled matter.

Motion granted to the extent of setting aside the public auction held by respondent on August 15, 1984; motion insofar as it is to adjudicate respondent in contempt denied.

The August 15,1984 public auction sale of the leasehold of the subject property was in violation of the stay pending appeal that was in effect at that time. Accordingly, the sale should be set aside. We deny the motion, however, insofar as it seeks to hold respondent in contempt because we find that respondent’s violation of the stay was not willful. Lazer, J. P., Mangano, O’Connor and Brown, JJ., concur.

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— Motion by petitioner for an order (1) setting aside a public auction sale of the leasehold of the subject property, which public auction was held by respondent on August 15, 1984, and (2) adjudicating respondent and its agents in contempt of court for holding the auction in violation of a stay that had been granted by this court pending petitioner’s appeal in the above-entitled matter.

Motion granted to the extent of setting aside the public auction held by respondent on August 15, 1984; motion insofar as it is to adjudicate respondent in contempt denied.

The August 15,1984 public auction sale of the leasehold of the subject property was in violation of the stay pending appeal that was in effect at that time. Accordingly, the sale should be set aside. We deny the motion, however, insofar as it seeks to hold respondent in contempt because we find that respondent’s violation of the stay was not willful. Lazer, J. P., Mangano, O’Connor and Brown, JJ., concur.

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Bluebook (online)

104 A.D.2d 802, 480 N.Y.S.2d 880, 1984 N.Y. App. Div. LEXIS 20297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trust-v-capalino-nyappdiv-1984.

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