East 29th Street Associates, Inc. v. Standwear Pleating Co.

Appellate Terms of the Supreme Court of New York

East 29th Street Associates, Inc. v. Standwear Pleating Co.

5 Misc. 2d 940, 158 N.Y.S.2d 966, 1956 N.Y. Misc. LEXIS 1289

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 13, 1956

StatusPublished

This text of 5 Misc. 2d 940 (East 29th Street Associates, Inc. v. Standwear Pleating Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

East 29th Street Associates, Inc. v. Standwear Pleating Co., 5 Misc. 2d 940, 158 N.Y.S.2d 966, 1956 N.Y. Misc. LEXIS 1289 (N.Y. Ct. App. 1956).

Pincite

Opinion

Per Curiam.

The final order should not have allowed a stay in excess of five days unless it provided for the security required by the New York City Municipal Court Code (§ 6, subd. 3). The resettled order dated October 11, 1956 was erroneous in that the court was without jurisdiction to grant a stay in excess of 30 days.

Since, however, the stay so erroneously granted has already expired, the appeal has become academic and must be dismissed.

The appeal should be dismissed, with $10 costs to appellanL

Hofstadter, Aurelio and Tilzer, JJ., concur.

Appeal dismissed, etc.

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