SENTRY CORP v. NYC OFF-TRACK


75 A.D.2d 344 (1980)

In the Matter of Sentry Armored Courier Corporation, Respondent, v. New York City off-Track Betting Corporation et al., Appellants

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

July 3, 1980


Attorney(s) appearing for the Case

Francis F. Caputo of counsel (Leonard Koerner with him on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for New York City Off-Track Betting Corporation, appellant.

Michael J. Gaynor of counsel (Fulton, Duncombe & Rowe, attorneys), for Cashflo Corporation, appellant.

Gabriel Kaszovitz and Murray L. Skala of counsel (Aaron R. Cahn and Toby M. Schaffer with them on the brief; Feder, Kaszovitz, Weber & Skala, attorneys), for respondent.

BLOOM, J., concurs with FEIN, J.; KUPFERMAN, J. P., concurs in result only; ROSS, J., concurs in an opinion in which MARKEWICH, J., concurs.


FEIN, J.

The facts are adequately stated in the concurring opinion of Justice Ross.

We are all agreed that the application to hold appellants in contempt should have been denied. The majority do not believe it is necessary on this record to determine whether New York City Off-Track Betting Corporation (OTB) is a State agency entitled to the statutory stay authorized by CPLR 5519 (subd [a], par 1). It...

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