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Toys "R" Us—Nytex, Inc. v. First Atlantic Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1993
194 A.D.2d 408 (N.Y. App. Div. 1993)

Opinion

June 15, 1993

Appeal from the Supreme Court, New York County (Stuart C. Cohen, J.).


Notwithstanding that the court considered the motion for discharge pursuant to CPLR 1006 without a full, written notice of motion, defendant-appellant was given adequate opportunity to demonstrate that plaintiff had some possible stake in the disputed funds, and was unable to do so (cf., Birnbaum v. Marine Midland Bank, 96 A.D.2d 776, 777). Summary judgment was appropriately denied, since the record suggests that much has been hidden (see, Karen S. v. Streitferdt, 172 A.D.2d 440).

Concur — Murphy, P.J., Sullivan, Milonas, Asch and Nardelli, JJ.


Summaries of

Toys "R" Us—Nytex, Inc. v. First Atlantic Realty Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1993
194 A.D.2d 408 (N.Y. App. Div. 1993)
Case details for

Toys "R" Us—Nytex, Inc. v. First Atlantic Realty Corp.

Case Details

Full title:TOYS "R" US — NYTEX, INC., Respondent, v. FIRST ATLANTIC REALTY CORP.…

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

Date published: Jun 15, 1993

Citations

194 A.D.2d 408 (N.Y. App. Div. 1993)
599 N.Y.S.2d 954