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Murnane Assoc. v. Harrison Garage Parking

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 1003 (N.Y. App. Div. 1995)

Opinion

July 14, 1995

Appeal from the Supreme Court, Onondaga County, Hayes, J.

Present — Denman, P.J., Pine, Fallon, Callahan and Balio, JJ.


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 U.S.C. § 362 [a] [1]) does not apply to non-debtor defendants ( Central Buffalo Project Corp. v. Edison Bros. Stores, 205 A.D.2d 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 F.2d 994, 999, cert denied 479 U.S. 876), the City of Syracuse has failed to show that such circumstance exists here.


Summaries of

Murnane Assoc. v. Harrison Garage Parking

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 1003 (N.Y. App. Div. 1995)
Case details for

Murnane Assoc. v. Harrison Garage Parking

Case Details

Full title:MURNANE ASSOCIATES, INC., Respondent, v. HARRISON GARAGE PARKING CORP. et…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 14, 1995

Citations

217 A.D.2d 1003 (N.Y. App. Div. 1995)
630 N.Y.S.2d 187

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