ROBERT STIGWOOD ORGANISATION, INC. v. DEVON CO.


44 N.Y.2d 922 (1978)

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

Court of Appeals of the State of New York.

Decided June 13, 1978.


Attorney(s) appearing for the Case

Elliott J. Solomon and A. Brian Savin for appellant.

Thomas H. Baer and Dynda L. Andrews for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur; Chief Judge BREITEL taking no part.


MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the stay of execution upon the partial summary judgment should be vacated.

The trial court, and thus the Appellate Division have wide discretion in imposing conditions upon the grant of partial summary judgment so as to avoid possible prejudice to the party against whom that judgment is granted (CPLR 3212...

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