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Bank Bumiputra Malaysia Berhad v. Pepper

Citations: 93 A.D.2d 775; 461 N.Y.S.2d 985; 1983 N.Y. App. Div. LEXIS 17621

Court: Appellate Division of the Supreme Court of the State of New York; April 26, 1983; New York; State Appellate Court

Narrative Opinion Summary

Judgment from the Supreme Court, New York County, entered on October 20, 1982, was unanimously affirmed by Judge Wallach. The respondent is awarded $75 for costs and disbursements related to the appeal. The appeal from the order dated October 14, 1982, is dismissed without costs or disbursements, as it is considered subsumed by the appeal from the judgment. The decision was concurred by Justices Murphy, Bloom, Fein, Milonas, and Kassal.

Legal Issues Addressed

Affirmation of Lower Court Judgment

Application: The Supreme Court, New York County judgment was upheld by Judge Wallach, indicating the higher court's agreement with the lower court's decision.

Reasoning: Judgment from the Supreme Court, New York County, entered on October 20, 1982, was unanimously affirmed by Judge Wallach.

Award of Costs and Disbursements on Appeal

Application: The respondent was awarded monetary compensation for expenses related to the appeal process.

Reasoning: The respondent is awarded $75 for costs and disbursements related to the appeal.

Concurrence of Justices

Application: The decision to affirm the judgment was agreed upon by multiple justices, showing consensus in the appellate court.

Reasoning: The decision was concurred by Justices Murphy, Bloom, Fein, Milonas, and Kassal.

Dismissal of Order Appeal as Subsumed

Application: The appeal from the order was dismissed because it was considered incorporated into the appeal from the judgment, thus not requiring separate consideration.

Reasoning: The appeal from the order dated October 14, 1982, is dismissed without costs or disbursements, as it is considered subsumed by the appeal from the judgment.