Vinals v. Rockefeller Center Management Corp.

Appellate Division of the Supreme Court of New York

Vinals v. Rockefeller Center Management Corp.

271 A.D.2d 377, 708 N.Y.S.2d 284, 2000 N.Y. App. Div. LEXIS 4583

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

DecidedApril 27, 2000

StatusPublished

Cited by1 cases

This text of 271 A.D.2d 377 (Vinals v. Rockefeller Center Management Corp.) 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

Vinals v. Rockefeller Center Management Corp., 271 A.D.2d 377, 708 N.Y.S.2d 284, 2000 N.Y. App. Div. LEXIS 4583 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Order, Supreme Court, New York County (Lorraine Miller, J.), entered June 2, 1999, which denied defendant’s motion seeking renewal of its summary judgment motion, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint. Appeal from order, same court and Justice, entered September 29, 1998, which denied defendant’s summary judgment motion, unanimously dismissed, without costs, as academic.

On this appeal, it is uncontroverted that defendant is an affiliate of Rockefeller Group, Inc. (RGI), and, as such, was protected by an order of the Southern District Bankruptcy Court. That order permanently enjoined the commencement of any action against RGI and its affiliates. Plaintiffs have failed to present a basis for concluding that this injunction does not apply to this action. Accordingly, dismissal of plaintiffs’ action was required. In view of our disposition of this appeal, we do not reach a determination as to whether summary judgment was otherwise warranted on the merits. Concur — Nardelli, J. P., Mazzarelli, Lerner and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Lorraine Miller, J.), entered June 2, 1999, which denied defendant’s motion seeking renewal of its summary judgment motion, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint. Appeal from order, same court and Justice, entered September 29, 1998, which denied defendant’s summary judgment motion, unanimously dismissed, without costs, as academic.

On this appeal, it is uncontroverted that defendant is an affiliate of Rockefeller Group, Inc. (RGI), and, as such, was protected by an order of the Southern District Bankruptcy Court. That order permanently enjoined the commencement of any action against RGI and its affiliates. Plaintiffs have failed to present a basis for concluding that this injunction does not apply to this action. Accordingly, dismissal of plaintiffs’ action was required. In view of our disposition of this appeal, we do not reach a determination as to whether summary judgment was otherwise warranted on the merits. Concur — Nardelli, J. P., Mazzarelli, Lerner and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

271 A.D.2d 377, 708 N.Y.S.2d 284, 2000 N.Y. App. Div. LEXIS 4583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vinals-v-rockefeller-center-management-corp-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack