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MARINE MIDLAND BANK v. STUKEY

55 N.Y.2d 633 (1981)

Marine Midland Bank, Respondent, v. Edwin J. Stukey et al., Appellants.

Court of Appeals of the State of New York.

Decided November 17, 1981.

Attorney(s) appearing for the Case

Waddie N. Kalil for appellants.

David C. Grow for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (75 A.D.2d 713). So far as the stay of execution of the judgment pending disposition of the counterclaims is concerned, under all the circumstances, we cannot say that its grant by the Appellate Division was an abuse of discretion as a matter of law (see Chrysler Corp. v Fedders Corp., 51 N.Y.2d 953...

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