You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Bankers Trust Co. v. Marina Estates, Inc.

Citations: 76 A.D.2d 757; 429 N.Y.S.2d 340; 1980 N.Y. App. Div. LEXIS 11789

Court: Appellate Division of the Supreme Court of the State of New York; June 5, 1980; New York; State Appellate Court

Narrative Opinion Summary

The Supreme Court of New York County issued an order on February 18, 1977, which was unanimously affirmed. The respondent is awarded $75 in costs and disbursements from the appellant for this appeal. Additionally, the appeal from an earlier order dated December 10, 1976, is unanimously dismissed without costs or disbursements, as it has been superseded by the February 18, 1977 order. The ruling was agreed upon by Justices Sandler (J.P.), Sullivan, Markewich, Lupiano, and Carro. No opinion was provided with the decision.

Legal Issues Addressed

Awarding Costs and Disbursements on Appeal

Application: The court affirmed the awarding of $75 in costs and disbursements to the respondent from the appellant as part of the appeal process.

Reasoning: The respondent is awarded $75 in costs and disbursements from the appellant for this appeal.

Dismissal of Superseded Appeals

Application: The court dismissed the appeal of the December 10, 1976 order without costs or disbursements because it was superseded by the February 18, 1977 order.

Reasoning: Additionally, the appeal from an earlier order dated December 10, 1976, is unanimously dismissed without costs or disbursements, as it has been superseded by the February 18, 1977 order.