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Robert Stigwood Organisation, Inc. v. Devon Co.

44 N.Y.2d 922, 408 N.Y.S.2d 5, 379 N.E.2d 1136 (1978)

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Robert Stigwood Organisation, Inc. v. Devon Co.

New York Court of Appeals
44 N.Y.2d 922, 408 N.Y.S.2d 5, 379 N.E.2d 1136 (1978)

Facts

The Robert Stigwood Organisation, Inc. (Stigwood) (plaintiff) sued the Devon Company (defendant). Devon responded by asserting counterclaims against Stigwood. The supreme court awarded partial summary judgment to Devon on some of its counterclaims. The appellate division stayed execution of the supreme court’s partial-summary-judgment order pursuant to Civil Practice Law and Rules (CPLR) § 3212(e) in order to avoid prejudicing Stigwood pending the resolution of Stigwood’s claims and Devon’s still-pending counterclaims. Devon appealed.

Rule of Law

Issue

Holding and Reasoning ()

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