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MARINE MIDLAND BANK v. STUKEY

Court of Appeals of the State of New York.
Nov 17, 1981

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, 955).

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