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Walker v. Delaware & Hudson Railroad

120 A.D.2d 919, 503 N.Y.S.2d 173, 1986 N.Y. App. Div. LEXIS 57004
Appellate Division of the Supreme Court of the State of New York·Decided May 29, 1986·Published·Cited by 10 cases

Opinion

— Motion, pursuant to CPLR 5519 (c), to vacate statutory stay so as to allow the trial in this matter to proceed, denied, without costs, as unnecessary. Appellant has taken an appeal to this court [920] from an order partially denying its motion for summary judgment. Since the trial in this matter is not a proceeding to enforce the order appealed from, we are of the opinion that the statutory stay provision of CPLR 5519 (a) (1) does not prevent the trial herein (see, Matter of Gordon v Town of Esopus, 107 AD2d 114; Robey v State of New York, 42 AD2d 694).

Cross motion for stay of all further proceedings pending appeal denied, without costs. Mahoney, P. J., Kane, Main, Casey and Yesawich, Jr., JJ., concur.

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Walker v. Delaware & Hudson Railroad, 120 A.D.2d 919, 503 N.Y.S.2d 173, 1986 N.Y. App. Div. LEXIS 57004 (N.Y. Ct. App. 1986).

120 A.D.2d 919 (Walker v. Delaware & Hudson Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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