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O'BRIEN v. EMPIRE DISC. CORP.

44 Misc.2d 79 (1964)

Robert E. O'Brien, Plaintiff, v. Empire Discount Corporation et al., Defendants.

Supreme Court, Special Term, Monroe County.

October 5, 1964

Attorney(s) appearing for the Case

Warren, Case, Weingartner & Yorks for plaintiff. Relin, Relin & Celona for Empire Discount Corporation, defendant.

DANIEL E. MACKEN, J.

To stay the enforcement of a judgment pending appeal to the Appellate Division, the defendant Empire Discount Corporation (hereafter called "defendant") elected to deposit with the Monroe County Treasurer cash in the amount of $83,650.72 in lieu of furnishing an undertaking. The Appellate Division (20 A.D.2d 677) reversed the judgment with costs and on February 14, 1964 defendant entered its judgment...

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