Key Int'l Mfg., Inc. v. Stillman, 489 N.E.2d 764 (N.Y. 1985). · Go Syfert
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Key Int'l Mfg., Inc. v. Stillman, 489 N.E.2d 764 (N.Y. 1985). Cases Citing This Book View Copy Cite
27 citation events (12 in the last 25 years) across 5 distinct courts.
Strongest positive: Dalessio v. Kressler, 6 A.D.3d 57 (N.Y. App. Div. 2d Dep't 2004)
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1986 2006 2026
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66 N.Y.2d at 926 cited at this page1 citing case
  • Dalessio v. Kressler, 6 A.D.3d 57 (N.Y. App. Div. 2d Dep't 2004).published
    Mfg. v Stillman, 66 NY2d 924, 926-927 [1985]).
Retrieving the full opinion text from the archive…
Key International Manufacturing, Inc., Appellant,
v.
Irwin Stillman, Respondent, and Manufacturers Hanover Trust Company, Appellant
New York Court of Appeals.
Dec 17, 1985.
Published opinion
489 N.E.2d 764
1985 N.Y. LEXIS 18236
APPEARANCES OF COUNSEL, J. Stanley Shaw and Jesse I. Levine for Key International Manufacturing, Inc., appellant., Richard B. Cohen and Robert M. Rosenblith for Manufacturers Hanover Trust Company, appellant., Brian Michael Seltzer and Kenneth L. Gartner for respondent.
Cited by 16 opinions  |  Published

OPINION OF THE COURT

Order modified, with costs to defendant Manufacturers Hanover Trust against defendant Stillman, by dismissing so much of Stillman’s cross claim as seeks more than the actual amounts due under the letters of credit plus interest, and, as so modified, affirmed, with costs to Stillman against plaintiff. Question certified answered in the negative. We agree with so much of the majority opinion by Justice (now Judge) Titone as[*927] pertains to plaintiffs liability to Stillman. However, Stillman’s cross claim against Manufacturers Hanover Trust, predicated upon its refusal to honor the cashier’s checks issued as payment of the letters of credit, must be dismissed insofar as it seeks more than the actual amounts due under the letters of credit plus interest. To hold the bank liable for such sum as a result of compliance with a judicial restraining order would be to place it on the horns of an unacceptable dilemma.

Concur: Chief Judge Wachtler and Judges Jasen, Simons, Kaye and Alexander. Taking no part: Judges Meyer and Titone.