MAYNARD v. GEORGE FULLER COMPANY (1997)

Supreme Court, Appellate Division, First Department, New York.

Helouise MAYNARD, Plaintiff-Respondent, v. GEORGE A. FULLER COMPANY, Defendant,
TRI-STATE CONSTRUCTION INC., Defendant-Appellant/Third-Party Plaintiff-Appellant, v. GEORGE A. FULLER COMPANY, etc., Third-Party Defendant. [And A Second Third-Party Action]

Decided: February 20, 1997

Before SULLIVAN, J.P., and ELLERIN, TOM and ANDRIAS, JJ.

Mitchell J. Rich, for Plaintiff-Respondent. Anthony Xanthakis, for Defendant-Appellant/Third Party Plaintiff-Appellant.

Order, Supreme Court, New York County (David Saxe, J.), entered on or about April 24, 1996, which, inter alia, denied the motions of defendants and third-party defendants to strike plaintiff's note of issue and certificate of readiness, unanimously affirmed, with costs.

The automatic stay provisions of the Federal bankruptcy laws apply only to the parties in the adversary proceeding in Bankruptcy Court and do not extend to nonbankrupt codefendants. As none of the parties in the instant matter is the same as the party in the adversary proceeding in Bankruptcy Court, the automatic stay provisions are inapplicable (see, CenTrust Servs. v. Guterman, 160 A.D.2d 416, 554 N.Y.S.2d 113). In light of the procedural history of this case, the motion court properly exercised its discretion in setting the subject discovery schedule, while refusing to strike plaintiff's note of issue.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network