ROBERT STIGWOOD ORG., INC. v. DEVON CO.


56 A.D.2d 550 (1977)

Robert Stigwood Organization, Inc., Appellant, v. Devon Company, Defendant, and Persky-Bright Productions, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 17, 1977


Neither the loan agreement nor the note in suit conditions repayment on the sale of "The Entertainer" by plaintiff to defendant Devon Agency or on anything else. Accordingly, there is no bar to the limited summary award made by Special Term. It was also proper for Special Term to enter partial summary judgment since the remaining claims and counterclaims to be tried are not "so inseparable * * * that entry of judgment should be withheld" (Dalminter, Inc. v Dalmine, S....

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