Farm Stores, Inc. v. School Feeding Corp.

• Decision Date: 23 April 1985
• Citation: Farm Stores, Inc. v. School Feeding Corp., 489 N.Y.S.2d 877, 64 N.Y.2d 1065 (N.Y. 1985)
• Parties: , 479 N.E.2d 222 FARM STORES, INC., Appellant, v. SCHOOL FEEDING CORP. et al., Respondents.
• Court: New York Court of Appeals Court of Appeals

Page 877

489 N.Y.S.2d 877

64 N.Y.2d 1065, 479 N.E.2d 222

FARM STORES, INC., Appellant, v. SCHOOL FEEDING CORP. et al., Respondents.

Court of Appeals of New York.

April 23, 1985.

Irving Levine, Great Neck, for appellant.

Hannah K. Flamenbaum and Donald N. David, New York City, for respondents.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, insofar as it modified and, as so modified, affirmed the judgment of Supreme Court entered September 28, 1982, should be affirmed for the reasons stated in the opinion by Justice Moses M. Weinstein (102 A.D.2d 249, 477 N.Y.S.2d 374). We add only that the order of Supreme Court entered January 18, 1983, merely recognized that a statutory stay of the September 28, 1982 judgment was in effect pursuant to CPLR 5519(a)(2) in favor of respondent Lifton, and thus vacated the entry of the money judgment against Lifton. As such, this order merely administered the course of the litigation and, therefore, petitioner's appeal from the Appellate Division order insofar as it affirmed this order should...