J. Marks & Bro. v. Seventy-Second Street Properties, Inc.

Appellate Division of the Supreme Court of New York

J. Marks & Bro. v. Seventy-Second Street Properties, Inc.

10 A.D.2d 674, 202 N.Y.S.2d 188, 1960 N.Y. App. Div. LEXIS 11477

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 3, 1960

StatusPublished

This text of 10 A.D.2d 674 (J. Marks & Bro. v. Seventy-Second Street Properties, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J. Marks & Bro. v. Seventy-Second Street Properties, Inc., 10 A.D.2d 674, 202 N.Y.S.2d 188, 1960 N.Y. App. Div. LEXIS 11477 (N.Y. Ct. App. 1960).

Pincite

Opinion

Motion for stay, pending an appeal, of proceedings for foreclosure of mechanic’s lien is granted except the defendant owner will appear for examination before trial on March 16, 1960, at Special Term, Part II, or at such other time and place as counsel for the parties may agree upon. The stay is granted on condition that appellant cause the appeal to be perfected on or before March 31, 1960 with notice of argument for April 12, 1960. Since the moving papers fail to show that the owner has fully discharged his obligations to the general contractor, the stay is granted only on the further condition that the mechanic’s lien of the plaintiff be bonded within five days, after service of the order herein with notice of entry, if the owner has not already done so. No apparent prejudice will result to the pending arbitration proceeding between the owner and general contractor if the examination before trial is permitted to proceed. Concur— Botein, P. J., Breitel, McNally, Stevens and Bastow, JJ.

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Motion for stay, pending an appeal, of proceedings for foreclosure of mechanic’s lien is granted except the defendant owner will appear for examination before trial on March 16, 1960, at Special Term, Part II, or at such other time and place as counsel for the parties may agree upon. The stay is granted on condition that appellant cause the appeal to be perfected on or before March 31, 1960 with notice of argument for April 12, 1960. Since the moving papers fail to show that the owner has fully discharged his obligations to the general contractor, the stay is granted only on the further condition that the mechanic’s lien of the plaintiff be bonded within five days, after service of the order herein with notice of entry, if the owner has not already done so. No apparent prejudice will result to the pending arbitration proceeding between the owner and general contractor if the examination before trial is permitted to proceed. Concur— Botein, P. J., Breitel, McNally, Stevens and Bastow, JJ.

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Bluebook (online)

10 A.D.2d 674, 202 N.Y.S.2d 188, 1960 N.Y. App. Div. LEXIS 11477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-marks-bro-v-seventy-second-street-properties-inc-nyappdiv-1960.