Stationary Engineers v. 87-10 51st Avenue Co-op Owners, Inc.

213 A.D.2d 413, 624 N.Y.S.2d 877, 1995 N.Y. App. Div. LEXIS 2417

This text of 213 A.D.2d 413 (Stationary Engineers v. 87-10 51st Avenue Co-op Owners, 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.

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Stationary Engineers v. 87-10 51st Avenue Co-op Owners, Inc., 213 A.D.2d 413, 624 N.Y.S.2d 877, 1995 N.Y. App. Div. LEXIS 2417 (N.Y. Ct. App. 1995).

Opinion

—In a proceeding to stay arbitration, the appeal is from an order of the Supreme Court, Queens County (Lane, J.), dated December 8, 1993, which, inter alia, (1) continued a stay of arbitration pending determination of the respondent’s motion to vacate its default, and (2) restrained the appellant from evicting the building superintendent, Edward Shneyder, and from interfering with Shneyder’s occupancy pending the court’s determination of the respondent’s motion and cross petition.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

Inasmuch as the order appealed from merely restrained the appellant from taking certain action pending the Supreme [414]*414Court’s determination of the respondent’s motion and cross petition, and the court has since signed an order in this regard, any determination as to whether the court properly granted a temporary stay is academic. Pizzuto, J. P., Santucci, Friedmann and Krausman, JJ., concur.

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213 A.D.2d 413, 624 N.Y.S.2d 877, 1995 N.Y. App. Div. LEXIS 2417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stationary-engineers-v-87-10-51st-avenue-co-op-owners-inc-nyappdiv-1995.